
Class., E : 



. E£H4 



\ 




w£o ^^tUt^A/^ 



^zt^Al^o &s 



ABSTRACT OF THE TITLE /*>- ~^-i£ 



JL**>-4<»z. 



EDMUND M. FERGUSON 



WALTON FERGUSON 



All that certain ISLAND situated in the Town of 

Southold, County of Suffolk, and State 

of New York, called 

FISHER'S ISLAND, 



and the several small Islands adjacent thereto called the HOM- 
MOCKS and WICOPESSET, excepting the several portions 
thereof, which have heretofore been sold and conveyed, as described 
in the several Instruments recited in the within Official Searches. 



WILLIAM M. HOES, ATTORNEY, 



69 Wall street, N. y. 



September, 1889 



I^DEX. 



NAMES OF GRANTEES IN THE CONVEYANCES, 
RELEASES, &c, recited in this Abstract and the 
accompanying official searches. 

PAGE 

A. 

Allen, Charlotte A 55 

Abeel, Julia E 78 

B. 

Barlow, Bathsheba E 52, 53, 71, 145 

Bisbee, Horatio, Jr 70 

Bowes, John A 85, 87 

Bartlett, George H 94, 95, 99, 100, 115, 128 

Barlow, Emma G 98 

Brown, Daniel J 105 

Bowers, Louise W 107 

Bush, James Freeman 1 08 

Bowers, Henry (and another) 1 15, 128 

Barry, James 139 

C. 

Chapman, Harvey 66, 74, 108 

Chester, George F 8, 23, 24 

Chipman, Fannie B. . 91, 105, 120, 134, 135, 140, 141 

Casey, James S 93 

Chipman, Richard H 128 

Chipman, Laura E 142 

D. 

Darrow, Thos. R. and Harmon T 48, 49, 76 

Darrow, George W 96 

E. 
Elsworth, Philip R 122 



F. 

PAGE 

Fones, William H 145 

Fones, William A 54 

Fox, Robert R 8, 23 

Fox, Robert R. (Will of) 9 

Pox, Fay and Bessie 14 

Ferguson, Edmund M 15,158 

Ferguson, Walton 16 

Fitch, Ashbel W 85, 87 

Fay, Maria D 92,93 

Fontaine, Napoleon 127 

Fox, Fay 132 

Fox, Bessie 132 

a. 

Gardiner, F. L. and C. N 59 

Green, Mary A 65, 73 

Greene, Paul B 119 

Gifford, Abram 154 

H. 

Hedge, Frances C 50, 51, 109 

Heiss, William H 56, 57 

Hedge, William A 88, 110, 143 

Hoffort, Martha E 89, 118 

1 1 en i:v, E. Stevens 97 

Hoes, Annie Nicoll 137 

Hansen, Christian 150, 157 

J. 

Joslyn, Harriet A 133 

L. 

Latham, Daniel D 69 

Lyles, James H 13, 14 

Lyles, James H. (Power Atty.) 15, 26, 34 

Lyles, James H. (Release). . 37, 44, 47, 101, 131, 132 

Lyles, Harriet A 90 

Lincoln, Nellie A 133 

Lylks, Henry E 156 

M. 

Murdock, Florence M 39, 41, 129, 153 



PAGE 

Markham, Aug. C 66, 151 

Meech, James M. (Release) 58, 80 

Marcy, Dwight 07 

N. 
Nash, Emeline H 131 

P. 

Parker, Henry H .■ 14, 33 

Parker, Henry L 58, 80 

R. 

Richards, Chas L. (and other) 58, 80 

Reynolds, John 93 

S. 

Seccomb, Edward A 121, 135 

Sears, Allison 124 

Stillman, Frank R 136 

Sauter, Robert 138 

Sage, DeWitt C 61, 63, 111, 113 

Stone, William E 144 

Smith, Edgar A 64, 72 

Shepard, Courtlandt J 67, 79, 80 

Sholes, Elisha W 68, 77, 126, 127 

Sholes, Alonzo W 68, 77, 126, 127 

Sherman, Robert H 85, 87 

School, District No. 18 147 

Starkweather, Sarah E 148 

T. 

Towne, George S 85, 87 

True, William D 115 

Tucker, Susan P 123 

U. 

United States of America 7, 9, 22, 24 

W. 

Wintiirop, John (Grant) 2 

Winthrop, Wm. H 6, 7, 22 

Wintiirop, Francis B. (Agree' t) 22 



PAGE 

Walker, James 60, 110, 117, 119 

Wetmore, Mary A lot) 

Walker, Lutina S 60 

Walker, William C 60 

Wolcott, Sarah 119 

Webb, Patrick J 123 

Wiswell, Fannie 1 149 



ABSTRACT OF THE TITLE 

OF 

EDMUND M. FERGUSON 

AND 

WALTON FERGUSON 

TO 

All that certain Island, situated, lying and being, 
in the Town of Southold, County of Suffolk and 
State of New York, called Fisher's Island, 
and the several small islands adjacent thereto 
called the Hommocks and Wicopesset, ex- 
cepting the several portions of said Fisher's 
Island which have heretofore been sold and 
conveyed, as hereinafter shown. 

Fishers or Visschers Island was discovered 
by the Dutch, under Capt. Adriaen Block in the 
year 1614. 

Historical records show, that Capt. Block sailed 
from New Amsterdam, through the Hellegat, into 
the Great Bay (Long Island Sound), and went as 
far east as Cape Cod, naming Block Island a liter 
himself, and Fisher's Island was probably named 
after Visscher, one of his companions. 

John Winthrop, who was in 1657, and from 1659, 
until his death, in 1676, Governor of Connecticut 
Colony (the son of John Winthrop, first Governor 
of Massachusetts Bay Colony), obtained from Massa- 
chusetts in 1640, a grant of this island. 

In the following year he obtained the assent of 
the Hartford Court to the grant, and in 1644 he pur- 
chased the rights of the Indian Proprietors. 



As Fisher's Island was included in the boundaries 
of the Duke of York's patent to Richard Nicolls 
(1664), Govr. Winthrop procured a Patent of Con- 
firmation as follows : 

Richard Nicolls Esq 1 : &c. Whereas there is a 
Certaine Island w*- in this Governor! Scituate lying 
& being in y e Sound neare unto New Loudon coin- 
only called & knowne by y e Name of fi isiikks 
Island Conteyning by Estimation one thousand 
acres be it more or lesse w ch said Island was hereto- 
fore purchased from y e Indian Proprietor by John 
Winthrop Esq? Governo r of his Ma ties Colony of 
Conecticott in whose tenure or possession it now is 
& ever since the purchase thereof hath so beene & 
Continued Now for & in Consideration of y e said 
Purchase & longe possession as also for y e good 
services performed by Mm 'ill' said John Winthrop 
at y p Reducing of this Place to his Ma li . es obedience 
(he being p 1 " sent thereat) togeth'l w th y e many good 
& Neighbourly offices done towards y e security & 
benefitt of this Colony and for divers other Causes 
& Considerations me thereunto especially moving 
Know yee, that by vertue of y e Comission & au- 
thority unto me given by his Royall Highness James 
Duke of Yorke &c upon whome by Lawfull Giaiint 
& Pattent from his Ma'f y e Propriety & Governm 1 : 
of Long Island and all y Islands adjacent amongst 
oth'L things is Setled I have given Ratifyed (Ion- 
firmed & Graunted & by theise pisents doe Qixn 
Ratify e Gonfirme & Graunt unto if said John 
Winthrop his Heires & Assignes y e said Island 
called Fishers Island aforesaid. Togeth': w ,h all 
y e Sandz Soyles Woodz Meadowes Pastures Marshes 
Lakes Waters Creeks Fishing Hawking Hunting 
& Fowling and all othv Profitts Commodity. ss 
Emolum ts & Hereditam ts to y e said Island belonging 
w u ? their and every of their appurtenances & of 
every Parte & Parcell thereof And that y r said 
Island & p'misses now is and forever hereof t? shall 
be held deemed reputed taken & be an Intire En- 



3 



franchised Tovmeship Manno'. & Place of itself & 
shall alwayes from tyme to tyme & at all tymes 
hereafter have hould and injoye like & Equall 
privileges & Immunityes w th any Towne Infranchis'd 
Place or Mannonr w^in this Govern^ & shall in 
no manner of way be subordinate or belonging unto 
have any dependance upon or in any wise be 
und 1 ' y e Rule ord 1 ' or direction of any Ryding 
Tovvneship or Towneships Place or Jurisdiction 
w^in this Governm' but shall in all cases things 
& matters he deemed reputed taken & held as an 
absolute intire InfrancMsed Tovmeship Manno'' & 
Place of it selfe & shall be ruled ordered & directed 
in all matters as to Governm 1 accordingly by y e 
Governo 1 ' & his Councell & y e Gen rU Assizes onely 
Provided that no Priviledges herein Graunted or 
mentioned to be Graunted shall be meant & inter- 
preted to extend to y e Protecting of any Traytors 
Malefacto 1 ' Fugitives or Debto rs flying into y B said 
Island to y e Damage of any Perticular Person or 
y e Obstruction of y e Lawes & y e Comon & Publique 
Peace of this Governing & y e Justice thereof. To 
have & to hould y e said Island & all and singular 
th' appurtenances & Premisses Togeth 1 ' wll 1 y e Privi- 
ledges Immunityes Franchises & Advantages herein 
Given & Granted unto y e said John Winthrop his 
Heires & Assignes unto y e Proper use & behoofe of 
y e said John Winthrop his Heires & Assignes for 
ever fully freely & Clearly in as large & ample man- 
ner & forme & w' k such full & absolute Immunityes 
& Priviledges as before is expressed as if he held 
//' same Tmediately from his Ma Hc p c Kinge of En- 
gland &c & his successors as of y e Man no'' of East 
Greenwich in y e County of Kent in free & Comon 
Soccage & by fealty onely yielding Rend/ring & 
Paying yearely & every yeafe unto his Royall 
Highnesse y e Duke of Yorke & his Heires or to 
such Governor or Governours as from tyme to tyme 
shall be by him Constituted & appointed as an Ac- 
knowledging one Lamb upon y e first day of May if 



If same sliall be demanded, Given und r my hand & 
seale at ffort James in New Yorke on y e Island 
Manliatans in America y e 28* day of March in y e 
20* yeare of y e Eaigne of our Soveraigne Lord 
Charles y e Second by y e Grace of God of England 
Scotland France & Ireland Kinge Defend r of y e ffaith 
&c & in y e yeare of our Lord God 1668 

(See Vol. II., Abstracts of Patents, No. 

522. 
See Vol. III., Patents, p. 5— 
Records in office of Secretary of State, 
Albany, N. Y.) 

John Winthrop, Jr., the Grantee, Governor of Con- 
necticut, was born at Groton, England, in 1606, and 
died at Boston, Mass., in 1676. 

Fisher's Island was claimed by Connecticut in 
1080, as being within her jurisdiction, and in conse- 
quence thereof Sir Edmund Andros, then Governor 
of New York, addressed the following epistle to 
Hon. William Leete, tben Governor of Connecticut : 
" Honble Sr — Being advised by an order or war- 
" rant from yourself and some assistants sent to 
" ffisher's Island, I am much surprised att your 
" Intrenching upon his Ma ties Letters Patents to his 
" Royal Highness, as well as the Grant by Governour 
" Nicolls to the Honoble John Winthrop, Esq. (late 
" Governor of Connecticut) for sd Island; which 
'' Island and Grant it is my Duty to assert, as much 
" as this or any other part of the Govermt; And 
" therefore desire that you will, without delay, 
" recall sd warrant or order, and forbear any the 
" like proceedings for the future, to prevent great 
" Inconveniencys; and remaine your Effectionate 
" neighbour and Humble Servant E. Andros " 
" To the Honble William Leete Esq. 

" Governour of his Maties Colony 

" of Connecticut." 



The Connecticut Court resolved that they would 
exercise government over the Island, and prohibited 
obedience to Sir Edmund's request. This bluster 
ended the matter. 

The son of John Winthrop was obliged to recog- 
nise the jurisdiction of New York, under which 
Fisher's Island has ever since remained without 
question. 

Go ft. John Winthrop left two sons, Fitz-John 
Winthrop and Wait Still Winthrop. 

On the death of John Winthrop, Fisher's Island 
descended to his eldest son, Major Fitz-John Win- 
throp. He was Governor of Sterling Castle, and a 
general officer in Genl. Monk's army, and was 
Governor of Connecticut from 1698 until his death. 

He died in 1707, leaving one daughter, Mary, 
who married John Livingston, of New York, and 
had no issue. 

His will, dated at New London, March 14th, 1701, 
is recorded iu the office of the Surrogate of the 
County of New York, in Liber 7 of Wills, page 
379. 

Wait Still Winthrop, the second son of Governor 
Winthrop, succeeded his elder brother as proprietor 
of Fisher's Island. He was Chief-Justice of Massa- 
chusetts Bay Colony, and Major-General of the 
militia of that province. He died 7th September, 
1717, leaving one son (John) and one daughter 
(Anne). 

John Winthrop, only son of Wait Still Win- 
throp, was born Augt. 25th, 1681. Married a 
daughter of Joseph Dudley, of Roxbury, and died 
in England, Augt. 1st, 1747. 

He left two sons (John Still and Bazil) and live 
daughters. 

His wife survived him, and died May 29th, 1776. 

His will was 'probated at New London, December 
22d, 1747. 

In and by his will, he leaves Fisher's Island to 
his eldest son John Still, " forever to be and abide 
to him and his heirs male forever." 



John Still Winthrop was born 15th January, 
1720. Died June 6th, 1776, leaving eight children 
by his lirst wife, and four by his second. 

His eldest son was John (to whom letters of ad- 
ministration upon his father's estate were issued, at 
New London, June 20th, 1776). 

John Winthrop, eldest son of John Still Win- 
throp, was born July 20th, 1751. Died a bachelor 
in New York, 15th November, 1780. 

His will was admitted to probate, and letters tes- 
tamentary issued to his brother, Francis Bayard 
Winthrop, in New York, November 21st, 1780. 

By his will, he gives and bequeaths Fisher's 
Island to his brother, Francis Bayard Winthrop, 
whom he also makes his residuary legatee and ex- 
ecutor. 

Francis Bayard Winthrop, brother to the pre- 
ceding owner, died in 1818, seized of the premises in 
question. 

By his will, recorded in Lib. 53 of Wills, p. 584, 
in the Surrogate's office of the County of New York, 
he devised that part of his estate, called Fisher's 
Island, with the appurtenances, to his four sons : 
John Still Winthrop, 
Francis Bayard Winthrop, Jr., 
William Henry Winthrop, 
Thomas Charles Winthrop, 
their heirs and assigns forever, as tenants in com- 
mon in fee simple. 



Francis B. Winthrop and] Warranty Deed. Dated 
April 23d, 1818. Re- 
corded December 8th, 
1826, in the Clerk's Of- 
fice of Suffolk County, 



wife 
to 
William 11. Winthrop. j in Lib. H., page 93. 



Conveys the equal undivided fourth part of Fish- 
er's Island, and the other small islands contiguous 
thereto, called the Hammocks, &c. 



John Still Winthrop and 1 Warranty Deed. Dated 

wife ( June 24th, 1820. Re- 

- [-corded December 8th, 

I 1826, in Lib. H., page 

William H. Winthrop. J 96. 

Conveys another equal undivided fourth part of 
Fisher's Island, and the small islands contiguous 
thereto, called the Hammocks, &c. 

Thomas Charles Win- 1 Warranty Deed. Dated 

throp and Wife j February 28th, 182. r >. Re- 

f }- corded December 8th, 

| 1826, in Liber H, page 

William H. Winthrop. J 99. 

Conveys another undivided fourth part of Fish- 
er's Island, and the small islands contiguous thereto, 
called the Hammocks, &c. 

The fee of the whole property became thus vested 
in William Henry Winthrop (subject to certain 
mortgages, which have all bnen satisfied and dis- 
charged of record. 

William H. Winthrop made the following con- 
veyance : 

William H. Winthrop ] „ mj _ . . , , 
and Margaret Ann, his I Q^ claim deed. Dated 
wifei | November 11th, 1847. 

£ I Recorded November 27, 

The United States of i * 847 ' in Liber 47 ' P a ^ e 



America. 



239. 



Conveys small Island called North Dumpling, or 
Hammock (see description in search below). 



William Henry Winthrop died at New London, 
Connecticut, September 3d, 1860, leaving him sur- 
viving, as his only children and heirs-at-law, three 
sons, William II. Winlhrop (Jr.), TJiomas P. Win- 
throp and Francis B. Winthrop, and two daugh- 
ters, Jane P. Chester and Mary T. Pratt. 



He also left him surviving, his widow, Margaret 
Ann Winthrqp, and left no descendants of a de- 
ceased child surviving him. None of his children 
who have died have left issue. His widow and ex- 
ecutrix did not make any sale or disposition of 
Fisher's Island in her lifetime. His son, Francis B. 
Winthrop, died at New London, January 22d, 1863, 
leaving no issue surviving him, but leaving a widow, 
Margaret Rebecca Winthrop. 

The widow of William H. Winthrop (Margaret 
Ann Winthrop) died at New London, intestate, on 
the 27th day of February, 1863. She left her sur- 
viving as her only children and heirs -at-law the 
said William H. Winthrop, Jr., Thomas P. Win- 
throp, Jane P. Chester and Mary T. Pratt. 



William II. Winthrop 
and wife, Thomas P 
Winthrop and wife, 

to 
George F. Chester. 



Deed (Cov. against 
grantor). Dated October 
31st, 1863. Recorded No- 
vember 3d, 1863, in Liber 
123, page 526. 



Conveys Fisher's Island, &c, with all the appur- 
tenances. 

Margaret R. Winthrop, 1 Deed (Cov. against 
widow of Francis B. ! grantor). Dated N o- 



Winthrop, [ vember 2d, 1863. Re- 

, | corded November . r >(h, 

| 1863, in Liber 123, page 
George F. Chester. J 537. 

Conveys Fisher's Island, with the appurtenances. 

George F. Chester, Jane ] Warranty Deed. Dated 

P. Chester, his wife, I December 2d, 1863. Re- 

and Mary T. Pratt, I corded December 7th, 

to 1803, in Liber 124, page 

Robert R. Fox. J 162, Cons. $55,000. 

Conveys Fisher's Island, &c, " except the North 
Hammock, on which is the Light House. " 

Robert R. Fox thus acquired title to Fisher's 

Island. 



He made the following conveyance : 
Robert R. Fox and Eliza ] 
D. Pox, his wife, Warranty Deed. Dated 

to I July 6th, 1870. Recorded 

The United States of | Ma y 25th. 1871, in Liber 
America. J 179 > P a « e 112 - 

Conveys 10^ acres, on extreme west end of Fish- 
er's Island, according to a plot or map of Race 
Point, filed in office of Clerk of Suffolk County, N 
Y., May 25th, 1871, as map No. 572. 
(See description and reservation in search below.) 
Mr. Pox died, in possession and occupation of 
Fisher's Island, September 24th, 1871, leaving him 
surviving his two children, Faye Fox and Bessie 
Fox, his sole heirs-at-law, to the premises in ques- 
tion, subject to the dower right of their mother 
Eliza D. Fox. 

He left a Last Will and Testament as follows : 

| Dated Oct. 27. 1870. 
^ „ I Proved Nov. 25, 1871. 

Will of Robert R. Fox. V Recorded Liber 10 of 

I Wills, p. 675, Surrogate's 
J Office, Suffolk Co., N. Y. 

He appointed James R. Jesup and Joseph S. Fay, 
his executors. Joseph S. Fay alone qualified, and 
letters testamentary were issued to him by the 
Surrogate of Suffolk Co., N. Y., Nov. 25, 1871, Liber 
E, p. 191. 

The following is an extract from said will : 
"As to my plantation or farm known as Fishers 
"Island, expecting that, that Island will remain in 
"my family for some time, I hereby give and 
"devise all said plantation and farm known as 
"Fishers Island to my said. two daughters, Faye 
"and Bessie Fox, to be equally divided between 
" them, share and share alike, subject however, to 
"the right of dower of my said wife in the same ; 



10 

"and in case either of my said daughters should 
" die before me without issue then living, the sur- 
" viviug daughter shall take the whole of said farm 
"subject to dower as aforesaid ; and in case either 
"of my said daughters should die before me 
"leaving issue, such issue shall have and take the 
" share of his, her, or their deceased parent in said 
" farm." 

Proceedings were taken as follows to have the 
premises sold, to pay the debts of the testator. 

In the Matter of Appli- ] 
cation of Executor of | g urr0 n-ates Court of Suf- 

rsf r eS m k co »»* Ne « T °* 

payment of his debts. J 

Oct, 3, 1874. Petition filed, recites death of 
Robert R. Fox on the 24th day of September, 1871. 
Will admitted to probate November 25th, 1871. 

Recites that petitioner, Joseph S. Fay, is execu- 
tor ; that James R. Jesup, the other executor, has 
never qualified and declines to a:t ; that he has 
made and filed an inventory ; that the personal 
estate is insufficient for the payment of debts ; that 
all the personal estate has been applied, and that 
deponent petitioner used due diligence. 

That the debts due on the 27th day of August, 
1874, when the petition was verified, were $52,842.56. 

That the testator died seized of all that certain 
Island called Fisher's Island, &c. 

That the heirs of said Robert R. Fox are Faye 
and Bessie Fox, both minors, under the age of 14, 
and have a testamentary guardian, their mother ; 
that the testator devised said Island to said children, 
subject to right of dower of their mother, and in 
case they should both die, leaving no issue, said 
real estate to go to the children of his wife by her 
first husband, Herman Allen, deceased, namely 
Elizabeth A. Hood, Harriet F. Lyles and Florence 
M. Murdoch, all of full age. 



11 



That next of kin are Ebenezer Fox, Sophia Ander- 
son, Eunace Palmer, Teresa Palmer, Celinda Cove, 
Ellen C. Smith, brother and sisters of said testator, 
mid Lucius Little, Robert Little, Ralph Little, 
Anna Field and Augusta Robinson, children of a 
deceased sister of said testator. 

Schedule A shows items of disbursements and 
receipts of personal estate. 

Schedule B shows the names of creditors to pay 
whose debts the application is made. 

An affidavit to correctness of the schedules is 
annexed, sworn to Nov. 30, 1 874, by Joseph S. Fay. 

Oct. 3, 1874, order to show cause issued, and hied, 
returnable on the 30th day of November, 1874. 

Florence M. Murdock, Harriet F. Lyles, Eliza D. 
Fox and Bessie Fox admit due service of order to 
show cause. 

Affidavit of Harmie Darrow that he served Bessie 
Fox, Oct. 29th, 1874, by leaving copy with her, and 
also one with her mother. 

Affidavit of James H. Lyles of service on the 
19th day of October, 1874, on Florence M. Murdock, 
and on the 20th day of Oct., 1874, on Harriet f! 
Lyles, and on Oct. 26th, 1874, on Eliza D. Fox. 

Affidavits of publication of order to show cause 
in Albany Evening Journal, a State paper, once a 
week for six weeks, commencing Oct. 9th, 1874; 
same in Sag Harbor Express, commencing Oct 
15th, 1874. 

Nov. 11th, 1874, affidavit of James H. Lyles that 
Faye Fox resides in England, Elizabeth H. Hood in 
England; that the next of kin mentioned in the 
petition are non-residents, except Teresa Palmer, 
who resides at Seneca Falls, New York; that Eben- 
ezer Fox resides at Willington, Conn. , Celinda Cove 
at Willington, Conn., Eunace Palmer at East Had- 
dam, Conn., Sophia Anderson at New Hartford, 
Conn., Ellen C. Smith at New Hartford Conn.', 
Ralph Little at Sheffield, Mass., Lucius Little, 
Frank Little, Augusta Robinson and Anna Fields, 



12 



all of said Sheffield, Mass., and Robert Little at 
Salisbury, Mass. 
Endorsed : "Filed Nov. 30th, 1874." 
General answers of infants Faye and Bessie Fox, 
verified by Eliza D. Fox, Oct. 27th, 1874, served 
Oct, 30th, 1874. 

Nov. 20th, 1874, order made and entered appoint- 
ing special guardian for infants Faye and Bessie 
Fox. 

Nov. 30th, 1874, consent of special guardian to 
serve. 

On the 30th day of November, 1874, Joseph S. 
Fay, Exr., &c, appeared, Bessie and Faye Fox by 
special guardian, and also by Eliza D. Fox, their 
mother and testamentary guardian. 

No other appearances. Adjourned by consent to 
Dec. 21st, 1874, at 4 P. M. 

Dec. 21st, 1874, Eliza D. Fox 

claim was allowed at $13,000 00 

Harriet Allen (Lyles) 2,636 53 

Florence M. Murdock 2,636 53 

Elizabeth A. Hood 2,636 53 

$20,909 59 

Some small sundry items were added to this total, 
making a sum in all of $22,192.00 allowed by the 
Surrogate. The difference between the amount 
claimed in the petition and amount allowed is ex- 
plained by the fact that no interest was allowed 
(as claimed) on the sums claimed to be due. 

Dec. 21st, 1874, order for the sale of premises 
known as Fisher's Island was made and entered by 
the Surrogate. Bond $100,000 filed and approved. 

Advertisement of sale of Fisher's Island pub- 
lished six weeks in Sag Harbor Express, commenc- 
ing July 22d, 1875, as appears by affidavit. 

The affidavit of Nathan C. Fordham that he 
posted notices of sale July 22d, 1875, in three most 
public places in the Town of Southold, the town 



13 



where the sale mentioned in the notice was to had, 
to wit, on the outside of the post office, also on the 
liberty pole and building corner of Main and Front 
Streets, Greenport. 

Sept. 23d, 1875, affidavit of Harmie Darrow that 
he attended the sale and it was fairly conducted. 

Oct. 30th, 1875, report of sale filed; recites that 
on Sept. 2d, 1875, between 12 and 2 P. M., at Fish- 
er's Island, he sold the premises to James H. Lyles 
for $68,000. The affidavits of publication and post- 
ing are annexed to this report. 

Oct. 30th, 1875, order made confirming the sale, 
and directing the executor to execute deed to pur- 
chaser. 

Pursuant to above proceedings and decree the 
following deed was executed : 

Joseph S. Fay, Execu ] 
tor of Last Will and Deed. Dated Nov. 24th, 



Testament of Robert I 1875. Recorded Nov. 
R. Fox, deceased, [30th, 1875, Lib. 219, p. 

to I 62. 

James H. Lyles. j 

Recites above-mentioned proceedings in Surro- 
gate's Court, and decrees therein; sale of the 
premises to party of second part pursuant thereto 
on September 2d, 1875, and decree dated October 
30th, 1875, confirming sale, and directing executor 
to execute deed to purchaser. 

Conveys, in consideration of $68,000— 
"All that certain island lying and being in the 
"County of Suffolk, and State of New York, called 
"Fisher's Island, and the several small islands con- 
"tiguous thereto called the Homocks, together with 
"the buildings thereon situated." 

James H. Lyles thereafter executed certain morl 
gages covering the said premises so conveyed to 
him, which were all duly paid and satisfied and 



14 



discharged of record July 22d, 1889 (see Liber 188 
of Mortgages, pages 291, 292, 293, 294, 295). 

James H. Lyles and wife ~| Deed dated March 
, ! 30th, 1876. Recorded 

[April 29th, 1876, Liber 
Henry H. Parker. j 222, p. 357. 

Conveys all that certain island lying and being in 
the County of Suffolk, and State of New York, 
called Fisher's Island, and the several small islands 
contiguous thereto called the Hammocks. 



Trust deed. Dated J une 
3d, 1876. Recorded June 
10th, 1876, Liber 221, p. 
426. 



Henry H. Parker and 
Elizabeth F., his wife, 
to 
James H. Lyles, as trus- 
tee. 

Conveys same premises, in trust, to hold said 
property and pay over the rents and profits to the 
use and support of Faye Fox and Bessie Fox, 
minors, children and heirs-at-law of Robert R. Fox, 
deceased, until they become of age, and then to 
convey back such portion then remaining unsold, 
and if either shall die before they arrive at the age 
of twenty-one to convey her share to such person as 
they shall appoint, &c, &c. 

Contains a power to sell and execute deeds as 
though the grantee were vested with title in fee 
simple. 

James H. Lyles, as trustee pursuant to such con- 
veyance, executed certain deeds for portions of the 
island sold, which appear in the search below. 

Upon the arrival of age of Bessie Fox, youngest 
daughter of Robert R. Fox, Mr. Lyles reconvened 
by following deed : 

James H. Lyles and Har- ~| Deed, Bargain and 

rietF., his wife, j Sale. Dated Sept. 14th, 

to i-1885. Recorded Sept. 

Fay Fox and Bessie | 15th, 1885, Lib. 291, p. 

Fox. J 140. 



15 

Conveys, as tenants in common, all that certain 
island situate, lying and being in the County of 
Suffolk, and State of New York, called Fisher's 
Island, with the several small islands contiguous 
thereto, called the Hammocks and Wicopessett, 
with the buildings thereon situated, excepting so 
much thereof as has been heretofore conveyed by 
said James H. Lyles, one of the parties of the first 
part. 

This conveyance being made pursuant to the 
terms of a certain deed made by Henry H. Parker 
and Elizabeth P., his wife, to said James H. Lyles, 
dated the 3d day of June, 1876, and recorded in the 
office of the Clerk of Suffolk County, in Liber 221 
of Heeds, page 426, on the 10th day of June, 1876. 

Fay Fox and Bessie Fox ] Power of Attorney. 
to [Hated Sept. 14, 1885. 



Recorded Sept. 15, 1885, 
James H. Lyles. j Liber 291, p. 138. 

Empowers to sell at public or private sale the 
whole or any portion of Fisher's Island, &c, execute 
deeds, &c. 

Pursuant to this authority portions were sold and 
conveyed, as appear in the search below. 

Fay Fox and Bessie Fox, "] 
by James H. Lyles, 
their attorney in fact, 
&c.,Fay Fox and Bessie 
Fox, of full age, un- 
married, parties of first 
part; James H. Lyles, 
individually, party of 
second part, 

to 



Warranty deed. Hated 
July 19, 1889. Ack'd 
July 19, 1889. Recorded 
'Suffolk Co. Clerk's office 
July 22, 1889, Liber 321, 
p. 185. 



Edmund M. Ferguson, 
Party of third part. 

Conveys all that certain island situate, lyim 



16 



and being in the town of Southold, County of Suf- 
folk and State of New York, called Fisher's Island, 
and the several small islands adjacent thereto, called 
the Hummocks and Wicopesset, being the same 
premises conveyed to Robert R. Fox, now deceased, 
by George F. Chester, Jane P. Chester, his wife, and 
Mary T. Pratt, by deed dated December 2, 1863, re- 
corded in the office of the Clerk of the County of 
Suffolk, in Liber 124 of Conveyances, page 162. 

Togethei with all the buildings and improvements. 

Excepting, however, the several parts and portions 
of said Fisher's Island which have heretofore been 
sold and conveyed in and by the following instru- 
ments, by the particular descriptions as therein con- 
tained ; 

Then recites parties, sale date and record of one 
hundred and one instruments, which all appear in 
the search below. 

Contains usual full covenants. 

Also covenants by parties of first part, that 
above excepted are the only conveyances which 
have been made by said James II. Lyles as trustee 
or as their attorney in fact, ratifying and confirm- 
ing his acts, and warranting that they have received 
the considerations mentioned in said instruments, 
and releasing and discharging him from any claim 
or demand. 

James H. Lyles, party of the second part, cove- 
nants that the several pieces and parcels excepted, 
are all that have heretofore been sold or conveyed. 



Edmund M. Ferguson 
and Josephine E., his 



Warranty Deed. Da- 
ted September 27, 1889. 
Wlle ' r Recorded October 2d. 

^ 1889, in Liber , page 

Walton Ferguson. J 

Conveys undivided one half -part of Fisher' s Island, 
as conveyed to grantor by last mentioned deed, sub- 
ject to same exceptions herein contained. 



17 



Subject also to two certain mortgages made by Ed- 
mund M. 'Ferguson to secure a portion of the pur- 
chase money on said conveyances to him, namely : 

Mortgage made by Edmund M. Ferguson to Fay 
Fox and Bessie Fox, dated July 19, 1889, to secure 
the payment of $95,000, July 19, 1892, with interest 
at four per cent., payable semi-annually, January 1, 
and July 1. Mortgage made by Edmund M. Fergu- 
son to Joseph S. Fay of Woods Holl, Mass., dated 
July 19, 1889, to secure the payment of $55,000, 
July 19, 1892, with interest at four per cent., pay- 
able semi-annually, January 1 and July 1. 

Grantee assumes payment of one-half principal 
and interest of above mortgages. 



The above Mortgages affect only the portion of Fisher's Island 
lying East of the Ice pond and Island pond, and the land covered 
thereby is described in said mortgages, as follows : — 

Beginning at a drill hole in a rock, on the shore of Fishers Island 
Sound, which said rock lies about 300 feet Northerly from the Ice 
House wharf and also marks the Northwest corner of land owned by 
Bathsheba C. Barlow, and running from said drill hole, Southeasterly 
along the line of land of the aforesaid Bathsheba C. Barlow to the 
shore of the Ice Pond ; thence north easterly, by and along the shore 
of the Ice Pond to a stone w all which divides Clay Point pasture 
from the Brick Yard Pasture, between Island Pond and the Ice Pond; 
thence Southeasterly following the line of said wall to the shore of 
Island Pond ; Thence Northeasterly, easterly and Southerly, follow- 
ing the North and east shores of said Island Pond to a fence, near its 
Southeasterly side ; which said fence crosses between Island Pond 
and the Pond lying easterly from it and near the Ocean Beach ; 
thence easterly following said fence to the shore of the aforesaid 
Pond ; thence southerly and easterly following the line of the South 
shore of said Pond to a stone wall near the Southeast corner of the 
Pond ; thence southerly following the line of said stone wall or fence 
to the Ocean. Excepting, however the premises heretofore conveyed 
by James H. Lyles, Trustee to John A. Bowen, George S. Towne, 
AshbelW. Fitch and Robert II. Sherman, by deed dated October 1>», 

1878, recorded in Clerks office of Suffolk County, N. Y., January 30, 

1879, in Liber 238 of Deeds, page 394. 



18 



The following aee the official searches 
made at the time of the conveyance of flsher's 
Island to Edmund M. Ferguson. 

The instruments numbered 1 to 101, upon 
the search, are those mentioned in convey- 
ANCE of Fay and Bessie Fox to Edmund M. 
Ferguson. (L. 321, p. 185.) 

The Clerk of the County of Suffolk, State of New 
York, will please search in his office for convey- 
ances, mortgages, leases, agreements and all other 
instruments of record, including Surrogate's decrees 
(except judgments), against the property described 
below or upon or in any manner affecting the same, 
or any part thereof, by or against the persons whose 
names are hereto subjoined, and for the periods set 
opposite their respective names, and also return in 
full the property as described in each instrument 
returned hereon, and certify the result in writing for 

WILLIAM M. HOES, 
Attorney and Co\msellor, 
69 "Wall Street, N. Y. 
Dated New York, June 22, 1889. 

Premises. — All that certain island situate, lying 
and being in the County of Suffolk, and State of New 
York, called Fisher's Island, and the several small 
islands contiguous thereto, called the " Homocks," 
"Flat Hammock," "West Clump," "Middle 
Clump," "East Clump," and " Wicopesset," to- 
gether with the buildings thereon, being the same 
premises conveyed by George F. Chester, Jane P. 
Chester and Mary T. Pratt to Robert R. Fox by 
deed dated December 2, 18C3, recorded December 7, 
1863, in the Clerk's office of Suffolk County, N. Y., 
in Liber 124 of Conveyances, page 162. 



19 

Against 

John Still Winthrop, ] 
Francis Bayard Win- i 

. * From January 1, 1818, 

William Henry Win- \, _. . „'' ' 

^ to December 30, 1826. 
throp, 

Thomas Charles Win- 

tbrop, 



William H. Winthrop, 



i From December 1, 1826, 
\ to December 30, 1863. 



Thomas P. Winthrop, "] 

Francis B. Winthrop, 

Jane P. Chester, 

Mary T. Pratt, 

Dean Pratt, 

Margaret Ann Winthrop, 

George F. Chester, 

Robert R. Fox, 

James R. Jessup, 
Joseph S. Fay, 

Eliza D. Fox, 



From August 1, 1860, 
to December 30, 1863. 



Henry H. Parker, 

Fay Fox, 

Bessie Fox. 

James H. Lyles, 

Individually, or as 
Trustee, or as Attor- 
ney, 



From August 1, 1860, 
to December 30, 1863. 

i From Nov ember 1, 1863, 
\ to December 30, 1875. 

From September 1, 1871, 
to December 30, 1875. 

From September 1, 1871, 
to October 30, 1886. 

From March 1, 1876, 
to June 30, 1876. 



From September ] , 
- 1871, to date of your re- 
turn . 



20 



Suffolk County, 
Clerk's Office, 

I, Orange T. Fanning, clerk of said county, do 
hereby certify that I have searched the records in 
this office pursuant to the foregoing requisition and 
find and report thereon as follows : 
Mortgage. 
William H. Winthrop and Marga- 
ret Ann, his wife, 
to 
John Still Winthroj:). 

Dated 24th of June, 1820. Recorded 19th of July, 
1820, in Liber N, page 8, to secure $12,000. Endorsed, 
see satisfaction in Liber 72, page 477. 

Affects : 

All the one full equal undivided fourth part of 
a certain island, situate, lying and being in the 
County of Suffolk and State of New York, called 
Fisher's Island, and of the several small islands 
contiguous thereto, called the Homock, whereof 
Francis Bayard Winthrop, Esquire, lately died 
seized, and which were devised by him to his 
four sons, the said John Still Winthrop and Will- 
iam H. Winthrop, Francis B. Winthrop and Thomas 
Charles Winthrop, being the same premises which 
were conveyed to the said William H. Winthrop 
by the said. John Still Winthrop, together with 
Harriet his wife, by indenture bearing even date 
with these presents. 

Note 1. 
The satisfaction above referred to reads as follows : 

^ T _ r -v (U. S. Rev. Stamp, .05. 

"State of New iork, ( ss# : 

City and County of New York, ) 

" I do hereby certify that a certain Indenture of 
Mortgage, bearing date the fourth day of June, in the 
year one thousand eight hundred and twenty, made 
and executed by William H. Winthrop and Mar- 
garet Ann, his wife, to John Still Winthrop, and as- 



21 



signed to me for twelve thousand dollars (part of 
the twenty-six thousand dollars secured by a subse- 
quent mortgage), which first mentioned mortgage is 
recorded in the office of the Clerk of the County of 
Suffolk, in Liber N of Mortgages, pages 8 and 9, 
on the 19th day of July, in the year one thousand 
eight hundred and twenty, at o'clock in the 

noon is paid, and I do hereby consent that the 
same be discharged of record. Dated the 26th day of 
January, 1864, in presence of John R. Kennady, 
James J. Roosevelt." 

Duly acknowledged. Recorded 4th of February, 
1864, in Liber 72, page 477. 

Deed Warranty. 

Francis B. Winthrop and Elizabeth, 

his wife, 

to 

William H. Winthrop. 

Dated 23d of April, 1818. Recorded 8th of De- 
cember, 1826, in Liber H, page 93. 
Conveys : 

"All the full equal undivided fourth part of a 
certain island, situate, lying and being in the 
County of Suffolk and State of New York, called 
Fisher's Island, and of the several small islands 
contiguous thereto, called the Homocks, whereof 
Francis Bayard Winthrop, Esquire, lately died 
seized, and which were devised by him to his four 
sons, John Still Winthrop, the said Francis B. 
Winthrop and William H. Winthrop and Thomas 
Charles Winthrop. 

Deed Warranty. 

John Still Winthrop and Harriet, 

his wife, 

to 

William H. Winthrop. 

Dated July 11th, 1825. Recorded 8th of Decem- 
ber, 1826, in Liber H, page 96. 
Conveys : 

Description same as last above written. 



22 



Deed Warranty. 

Thomas Charles Winthrop and 
Greorgianna Maria, his wife, 

to 

William H. Winthrop. 

Dated 3d of March, 1825. Recorded December 
8th, 1826, in Liber H, page 99. 

Qonveys : 
Description same as last two above. 

Deed Q. C. 

William H. Winthrop and Marga- 
ret A. , his wife, 

to 

The United States of America. 

Dated November 11th, 1847. Recorded Novem- 
ber 27th, 1847, in Liber 47, page 239. 

Conveys : 

" All that certain small island called and known 
by the name of the North Dumplin or Hammock, 
and situate, lying and being in Fisher's Island 
Sound, north of Fisher's Island, and being in the 
County of Suffolk and State of New York." 

Agreement. 
William H. Winthrop 

with 
Francis B. Winthrop. 

Dated 25th April, 1856. Recorded 12th May, 
1856, Liber 88, page 589. 

Agreement whereby and wherein said William H. 
Winthrop agrees to pay to the lawful holder of a 
certain mortgage made and executed by William 
II. Winthrop to Francis B. Winthrop, dated the 
23d day of April, 1818, and recorded in Suffolk 



23 



County Clerk's Office, the principal sum of $5,000, 
and all the interest which shall or may be due on 
the same. 

Deed B. & S. 

William H. Winthrop and Mary E., 
his wife, and Thomas P. Win- 
throp and Laura Augusta, his 
wife, 

to 
George F. Chester. 

Dated 31st Oct, 1863. Recorded 3d Nov., 1863, 
Liber 123, page 526. 

Conveys : 

"All those pieces or parcels of land situate, lying 
and being in the Town of Southold, County of 
Suffolk and State of New York, known as Fisher's 
Island, and the small islands adjacent thereto, known 
as the Hammocks and Wicopesset, together with 
all the buildings, improvements, chattels and prop- 
erty thereon and all rent now due and to grow due 
thereon and therefor, and all and every right, claim 
and demand of the parties of the first part, or either 
of them, against the present or any former lessee or 
lessees, tenant or tenants, occupant or occupants 
thereof." 

Deed War. 

George F. Chester, Jane P. Chester, 

his wife, and Mary T. Pratt 

to 

Robert R. Fox. 

Dated 2d Dec, 1863. Recorded 7th Dec, 1863, 
Liber 124, page 162. 

Conveys : 

" All those pieces or parcels of land situate, lying 
and being in the Town of Southold. County of Suf- 
folk and State of New York, known as Fisher's 
Island, and the several small islands adjacent 
thereto called the Hammocks and Wicopesset (save 



24 



and excepting the North Hammock, upon which is 
the Light Honse), being the same premises owned 
and possessed by William H. Winthrop of New 
London, Connecticut, in his lifetime, and of all of 
which he died seized." 

Deed B. & S. 

Margaret R. Winthrop, widow of 

Francis B. Winthrop, deceased, 

to 

George F. Chester. 

Dated Nov. 2d, 1863. Recorded 5th Nov., 1863, 

Liber 123, page 537. 

Conveys : 

" All those pieces or parcels of land, situate, lying 
and being in the Town of Southold, County of Suf- 
folk and State of New York, known as Fisher's 
Island, and the small islands adjacent thereto 
known as the Hammocks and Wicopesset, together 
with the buildings and improvements thereon, being 
the same premises formerly belonging to William 
H. Winthrop, late of said New London, deceased, 
the father of the above named Francis B. Winthrop, 
deceased. ' ' 

1. Deed Warty. 

Robert R. Fox and Eliza D. Fox, 

his wife, 

to 

The United States of America. 

Dated 6th July, 1S70. Becorded 25th May, 1871, 
Liber 179, page 1 12. 
Conveys : 

" All that piece or parcel of land containing ten 
(10) and three-tenths ( T 3 tT ) acres more or less, sit- 
uated, lying and being in Suffolk County in the 
State of New York, being part or parcel of 
that piece of land known as Fisher's Island, in said 



25 



County and State, bounded and described as fol- 
lows : Beginning at a point on the southern shore 
of said Fisher's Island and running north 25° 10' 
west four hundred and ninety-three feet (493) over 
two boulders marked one (1) and two (2) to a net of 
boulders marked (3); thence north 21° 45' east six 
hundred and ninety-eight (698) feet to a boulder 
marked four (4); thence north 62° 15' east three 
hundred and seventy -two (372) feet to a boulder 
marked five (5); thence north 63° 4' west two hun- 
dred and ten (210) feet to the water; thence along 
the shore around the west point of the said island 
to the point of beginning, of which the following is 
a correct plot or map. (See map of Race Point, 
Fisher's Island, N. Y., filed May 25th, 1871.) 

" The said party of the second part shall build 
and maintain the division fence upon said premises 
and the party of the first part hereby reserves the 
right to gather and take away all the seaweed which 
may lodge or be deposited upon the shore of the 
premises hereby conveyed, with free access through 
convenient openings in the fence erected and main- 
tained by the party of the second part to haul or 
carry the same off from the said premises." 



This Indenture, made the twenty-fourth day of 
November, one thousand eight hundred and seventy- 
five, between Joseph S. Fay, executor of the last 
will and testament of Robert R. Fox, late of Suf- 
folk County, in the State of New York, deceased, 
party of the first part, and James II. Lyles of the 
City of Brooklyn, in the County of Kings and State 
aforesaid, party of the second part. Whereas Henry 
P. Hedges, Esquire, Surrogate of the County of Suf- 
folk, heretofore made an order, which said order is 
in the words and figures following, to wi1 : 



26 



At a Surrogate's Court held in and for the 
County of Suffolk, at the Surrogate's 
office in the Village of Bridgehampton, 
on the 21st day of December, in the 
year one thousand eight hundred and 
seventy-four. 



Present— Hon. H. P. Hedges, Surrogate. 



In the Matter 
of 

The application of Joseph S. Fat, 
executor of the last will and tes- 
tament of Robert R. Fox, de- 
ceased, for authority to mort- 
gage, lease or sell the real estate 
of the said Robert R. Fox, de- 
ceased, for the payment of his 
debts. 



Joseph S. Fay, the executor of the last will and 
testament of R. R. Fox, late of the County of Suffolk, 
deceased, having heretofore presented to the Surro- 
gate of the County of Suffolk his application for 
authority to mortgage, lease or sell so much of the 
real estate of the said testator as shall be necessary 
to pay his debts, and the Surrogate, upon such appli- 
cation, having made an order directing all persons 
interested in the estate of the said Robert R. Fox, 
deceased, to appear before him at the Surrogate's 
office in the Village of Bridgehampton, in the 
County of Suffolk, on the 30th day of November, 
1874, at 4 o'clock in the afternoon, to show cause 
why such authority should not be given to the said 
executor, and on reading and filing, on said 30th day 
of November, satisfactory proof by affidavit of the 
due publication of the said order and of the due 



27 



service thereof on every person in the occupation of 
the premises of which a sale is devised, and on the 
widow and heirs of the said deceased, and the said 
executor having, on the said 30th day of November, 
appeared in person, and by Henry H. Parker, his 
proctor, and Bessie Fox and Faye Fox, minors, 
heirs of the said Eobert R. Fox, deceased, having 
appeared by their special guardian, Samuel O. 
Hedges, and Eliza D. Fox, their mother, by Wilson 
and Wallis, her proctors. And on the consent of all 
parties appearing, the final hearing in this matter 
having been adjourned to this 21st day of Decem- 
ber, at 4 o'clock in the afternoon, at this place. 
And the proper proceedings, in due form of law, 
having thereupon been had, and the Surrogate, upon 
due examination, being satisfied that the said ex- 
ecutor has fully complied with the requisite provi- 
sions of the statutes concerning the powers and du- 
ties of executors and administrators' in relation to 
the sale and disposition of the real estate of their 
testator and intestate; that the debts for the pur- 
pose of satisfying which the said application is 
made are justly due and owing, and that they are 
not secured by judgment or mortgage upon or ex- 
pressly charged on the real estate of the said de- 
ceased, and that the same amount to twenty-two 
thousand and one hundred and ninety-two dollars, 
exclusive of interest, and that the personal estate of 
the deceased is insufficient for the payment of such 
debts, and having satisfactory evidence that the said 
executor has proceeded with reasonable diligence in 
converting the personal property of said deceased 
into money and applying the same to the payment 
of debts, and having inquired and ascertained 
whether sufficient moneys for the payment of such 
debts aforesaid can be raised by mortgaging or 
leasing the real property of the said deceased, or 
any part thereof, and it appearing that the moneys 
required cannot be raised by mortgage or lease ad- 
vantageously to the estate of the said deceased, and 



28 



the said Joseph S. Fay, executor as aforesaid, hav- 
ing executed a boud to the people of this State, 
with sufficient sureties, approved by the said Surro- 
gate, in the penalty and with the condition pre- 
scribed by the statute in such case made and pro- 
vided, which said bond is filed with the said Surro- 
gate. It is thereupon ordered and the Surrogate 
aforesaid, pursuant to the statutes aforesaid, doth 
order that the said Joseph S. Fay, executor as 
aforesaid, sell the following described real estate, 
whereof the said testator died seized, to enable him 
to pay such debts aforesaid of the said testator, 
that is to say : All that certain island lying and 
being in the County of Suffolk and Stale of New 
York, called Fisher's Island, and the several small 
islands contiguous thereto called the Homocks, 
together with the buildings thereon situated ; and 
it is further ordered and directed that the said 
executor may "give to the purchaser at such sale of 
said real estate a credit, not exceeding three years, 
for not more than two-thirds of the purchase money 
of such real estate purchased by him, to be secured 
by a bond of the said purchaser and by a mortgage 
of the premises to him sold at the said sale. And 
it is further ordered that the said executor do make 
return according to law of all sales made by virtue 
of this order. 

In testimony whereof, the Surrogate of the 
County of Suffolk has hereunto affixed 
his seal of office. Witness H. P. Hedges, 
Surrogate of the County of Suffolk, at 
the Surrogate's Office, in the Village of 
Bridgehampton, this 21st day of Decem- 
ber, in the year one thousand eight hun- 
dred and seventy -five. 

And whereas, the whole of the premises de- 
scribed in the said order have accordingly been 
sold at public vendue by the said party of the 
first part on the second day of September, 1875, 



29 



at Fisher's Island, in the County of Suffolk, that 
being the county where the said premises are 
situate, due notice of the time and place of holding 
such sale having been given according to law. And 
whereas, the said party of the first part did make 
return of his proceedings upon such order of sale to 
the said Surrogate, in pursuance of the said order 
and of the statute in such case made and provided. 
And whereas, afterward the said Surrogate, after 
examining the said proceedings, did make an order 
in the words and figures following, to wit : 

At a Surrogate's Court held in and for 
the County of Suffolk at the Surrogate's 
office in the Village of Bridgehampton 
on the 30th day of October, in the year 
one thousand eight hundred and sev- 
enty-five. 

Present — Hon. H. P. Hedges, Surrogate. 



1 



In the Matter 
of 
The sale of the real estate of Rob- 
ert R. Fox, deceased, for the 
payment of his debts. 
J 

An order having been duly made by the Surrogate 
of the County of Suffolk, on the 21st day of Decem- 
ber, 1S74, authorizing Joseph S. Fay, executor of the 
last will and testament of Robert R. Fox, de- 
ceased, late of the County of Suffolk, to sell the 
real estate of which the said Robert R. Fox died 
seized, mentioned and described in said order, to 
enable him to pay the debts of the said Robert R. 
Fox therein mentioned. And the said Joseph S. 
Fay, executor, having this day made his return 
of his proceedings upon said order, by which said 



30 



return it appears that under the said order the said 
Joseph S. Fay, executor, after having posted and 
published due notice of the time and place of holding 
said sale according to law, did on the 2d day of 
September, 1875, at 12 o'clock noon, and between 
the hours of nine iu the morning and the setting of 
the sun of the same day, at Fisher's Island, in the 
County of Suffolk, the place mentioned in said 
notice, did sell at public vendue the whole of the 
premises mentioned and described in said order 
unto James H. Lyles for the sum or price of sixty 
eighl thousand dollars, and the said Joseph S. Fay 
having this day appeared before the Surrogate in 
his own proper person, and by Henry H. Parker, 
Esquire, his counsel, and having moved for an order 
confirming the said sale, and Samuel O. Hedges, the 
special guardian of Fay Fox and Bessie Fox, minor 
heirs of said deceased, having also appeared for 
them, and no one appearing in opposition to the 
confirmation of said sale, and the Surrogate having 
examined the proceedings upon the aforesaid order 
of sale, and it appearing to the said Surrogate that 
the said sale was legally made and fairly conducted, 
and that the sum bid for the real estate so sold was 
not disproportionate to its value, it is ordered and 
decreed, and the Surrogate, pursuant to the provi- 
sions of the statutes concerning the powers and 
duties of executors and administrators in relation 
to the sale and disposition of the real estate of 
their testator or intestate, doth order and decree 
that the said sale of the said real estate so as afore- 
said made by the said Joseph S. Fay, executor, be 
and the same is hereby confirmed. And the said 
Surrogate, pursuant to the provisions of the statutes 
aforesaid, doth further order and direct the said 
Joseph S. Fay, executor of the last will and testa- 
ment of Robert B. Fox, deceased as aforesaid, to 
execute a conveyance of the said real estate so sold 
by him as aforesaid to the said James H. Lyles, the 
purchaser thereof at said sale. And whereas, the 



31 



said party of the first part did at the said sale sell 
to the said party of the second part, lie being the 
highest bidder for the same. Now, therefore, this 
Indenture further witnesseth, that the said party 
of the first part, in pursuance of the said sale and of 
the said orders of the said Surrogate, and in pursu- 
ance of the statutes of this State in such case made 
and provided, and also for and in consideration of 
the sum of sixty-eight thousand dollars, lawful 
money of the United States of America, to him in 
hand paid by the said party of the second part, 
the receipt whereof is hereby acknowledged, hath 
bargained, sold and conveyed, and by these presents 
doth bargain, sell and convey unto the said party 
of the second part, his heirs and assigns forever : 

All that certain island lying and being in the 
County of Suffolk and State of New York, called 
Fisher's Island, and the several small islands con- 
tiguous thereto, called "the Homocks," together 
with the buildings thereon situated. Together with 
the privileges and appurtenances thereunto belong- 
ing or in anywise appertaining, and all the estate, 
title and interest which the said Robert R, Fox, 
deceased, at the time of his death had of, in and to 
the same free and discharged from all claims for 
dower of Eliza D. Fox, widow of the said Robert R. 
Fox, deceased. Subject, howevei', to all charges by 
judgment, mortgage or otherwise upon the lands so 
sold existing at the time of the death of the said 
Robert R. Fox. To have and to hold the above- 
described and conveyed premises, with the appur- 
tenances, and all the estate, right, title and interest 
which the said Robert R. Fox at the time of his 
death had therein unto the said party of the second 
part, his heirs and assigns forever, as fully and 
amply as the said party of the first part might, 
could or ought to sell and convey the same by virtue 
of the orders above recited and of the statutes of 
this State made and provided, or otherwise. 



32 



In witness whereof, the said party of the first 
part has hereunto set his hand and seal 
the day and year first above written. 

Jos. S. Fay, [l.s.] 
Executor of the last will and testament 

of Robert R. Fox, deceased. 

Sealed and delivered in the ) 
presence of f 

The word "November" on 1st 
page, 2d line, and the word " Octo- 
ber' ' on Gth page, 28th line, both 
written over erasure before execu- 
tion. Also the word "title" on 
10th page, 15th line, and the same 
word on same page, 29th line, in- 
terlined before execution. 

G. F. Greenough. 



Commonwealth of Massachusetts, 
Suffolk County, 

I, Francis W. Palfrey, a Commissioner for the 
State of New York, residing at Boston in said Suf- 
folk County, do certify that on the 24th day of 
November, A. D. 1875, personally appeared before 
meat said Boston, Jos. S. Fay, who is personally 
known to me to be the individual described in and 
who executed the foregoing instrument and he then 
and there acknowledged to me that he executed the 



In witness whereof, I have hereunto set my 
hand and official seal at said Boston, this 
24th day of November, A. D. 1875. 

Fkancis W. Palfrey, [l.s.] 
Commissioner for the State of New York. 



33 

State of New York, 
Office of the Secretary of State, } 

I hereby certify that Francis W. Palfrey, of Bos- 
ton, County of Suffolk, and State of Massachusetts, 
was at the time of taking the proof or acknowledg- 
ment mentioned in his annexed certificate a Com- 
missioner for the State of New York, to take the 
proof and acknowledgment of deeds and other in- 
struments to he used or recorded in this State, and 
to administer oaths and affirmations; and that such 
Commissioner was, at the time aforesaid, duly au- 
thorized to take the same; and that I have compared 
the signature of the said Commissioner to the certi- 
ficate subjoined to the annexed instrument with 
the signature of such Commissioner deposited in 
this office, and have also compared the impression 
of the seal affixed to such certificate with the im- 
pression of the seal of such Commissioner deposited 
in this office, and I verily believe the signature and 
impression of the seal to the said certificate to be 
genuine. 

Witness my hand and the seal of office of the 
Secretary of State, at the City of Albany, 
this twenty -seventh day of November, 
one thousand eight hundred and seventy 
five. 

[L.8.] DlEDRICII WlLLERS, Jr., 

Secretary of State. 

Recorded on the 30th day of Nov., 1875, at one 
o'clock P.M., Liber 219, page 62. 

Deed, Q. C. 

James H. Lyles and Harriet F., 
his wife, 

to 

Henry H. Parker. 

Dated 30th March, 1876. Recorded 29th April, 
1876, Liber 222, page 357. 



34 



Conveys : 

" All that certain island, lying and being in the 
County of Suffolk and State of New York, called 
Fisher's Island, and the several small islands con- 
tiguous thereto called "The Hammocks." 

Deed Trust. 

Henry H. Parker and Elizabeth P. , 
his wife, 

to 

James H. Lyles. 

Dated 3d June, 1876, recorded 10th June, 1876, 
Liber 221, page 426. 
Conveys : 

"All that certain island situate, lying and being 
in the County of Suffolk and State of New York, 
called Fisher's Island, and the several small islands 
contiguous thereto, called the Hammocks, with the 
buildings thereon situated. In trust, nevertheless, 
and for the uses and purposes and with the powers 
following, that is to say : To hold said property and 
pay over the rents, issues and profits thereof to the 
use, maintenance and support of Fay Fox and 
Bessie Fox, minors, children and heirs-at-law of 
Robert R. Fox, late of the County of Suffolk, de- 
ceased, until they, the said Fay Fox and Bessie Fox, 
shall have attained the age of twenty-one 
years, and when they shall attain the said age 
then to convey such portion of said property 
then remaining unsold to said Fay Fox and 
Bessie Fox as tenants in common. And if either 
said Fay Fox or Bessie Fox shall die before attain- 
ing the age of twenty-one years, then to convey the 
share of the one so dying to such person or persons 
whom she shall appoint by instrument in writing in 
the nature of a last will and testament, but if either 
said Fay or said Bessie shall die before attaining said 
age, leaving no last will and testament and leaving 



35 



lawful issue her surviving, then to convey to such 
issue the share of such property as would have been 
his, her or their mother's had she reached die said 
age. And if either said Fay Fox or Bessie Fox 
shall die before attaining the age of twenty-one 
years, leaving no lawful issue her surviving and 
leaving no last will and testament, then to convey 
the whole of said property to the surviving sister on 
her attaining the aforesaid age. But if both said 
Fay and Bessie Fox shall die before attaining the 
age of twenty-one years, leaving no last will and 
testament and leaving no issue them surviving, to 
convey all of said property then remaining unsold 
to Eliza D. Fox, widow of Robert R. Fox, deceased, 
or if said Eliza D. Fox should not then be living to 
convey said property to the children of the said 
Eliza D. Fox by her first husband, Herman D. 
Allen, as tenants in common, per stirpes and not per 
capita. And the said party of the second part is 
hereby authorized and empowered to sell at his dis- 
cretion at any time at private or public sale, and on 
such terms as to him may seem tit, the whole or any 
portion of said property or to mortgage or lease the 
whole or any portion thereof, and for that purpose 
is hereby authorized and empowered to execute all 
the necessary deeds of conveyance, mortgages or 
leases, with full power to convey as though he were 
vested with the title in fee simple to said property. 
And in case said party of the second part shall sell 
the whole or any portion of said property as afore- 
said, he shall, after paying the necessary expenses 
of such sale and paying off and discharging any 
lien which may be on said premises so sold, invest 
the proceeds in such securities as to him may seem 
proper, and pay over the interest and income there- 
of to the use, maintenance and support of said Fay 
and Bessie Fox until they shall have attained the 
age of twenty-one years, and then to pay over to 
them the principal sum thereof, equally share and 
share alike. And if either said Fay or said Bessie 



36 



Fox shall die before attaining the age of twenty-one 
years, then to pay over the share of said personal 
property which would have been hers to such per- 
son or persons as she shall appoint to receive the 
same by any instrument in writing in the nature of a 
last will and testament, but if either said Pay or said 
Bessie shall die before attaining said age, leaving no 
lasl will and testament and leaving lawful issue her 
surviving, then to pay over to such issue the share 
of said property which would have been his, her's 
or their mother's had she reached the said age. 
And if either said Pay or said Bessie shall die be- 
fore attaining the age of twenty-one years, leaving 
no last will and testament and leaving no lawful 
issue her surviving, then to pay over the whole of 
said property to the surviving sister on her attain- 
ing the aforesaid age. But if both said Fay and 
said Bessie Fox shall die before reaching the age of 
twenty-one years, leaving no last will and testament 
and leaving no lawful issue them surviving, then to 
pay over the whole of said property to Eliza I). 
Fox, widow of Robert R. Fox, deceased, or if said 
Eliza D. Fox should not then be living to pay over 
the said property and divide the same equally 
among the children of the said Eliza D. Fox, by her 
first husband, Herman D. Allen, per stirpes and not 
per capita. And the said party of the second part is 
hereby authorized to charge and pay to himself out 
of the proceeds of any sales such reasonable com- 
pensation for his labor and services in the care and 
management of said trust property as to him may 
seem proper, the same not to exceed the sum of five 
per cent, on all sales made by him and on the final 
conveyance of the property, a like percentage on the 
estimated value of the property. 

Said party of the second part is also empowered 
In employ such superintendent, agents and servants 
as shall be necessary to the proper carrying on and 
maintenance of the real property, and should he as- 
sume the position of actual superintendent himself. 



37 



residing upon said island, he shall be entitled to re- 
ceive, in addition to the percentage above men- 
tioned, the same compensation as he would have to 
pay had he employed a third party to iill such 
office, the pay of such superintendent, agents and 
servants to be deducted by him from the rents, 
issues and profits of said island, the income of the 
proceeds of sales invested as above provided. 

In witness whereof, the parties to these 
presents, have hereunto set their hands 
and seals the day and year iirst above 
written. 

Henry H. Parker, [l. s.] 

Elizabeth F. Parker, [l. s.] 
In the presence of 

The word "Die" 3d page, 24th 
line, written over an erasure before 
execution. Francis B. Antz. 

Said deed is endorsed: "See Liber 253, p. 332; 
Liber 263, p. 7." 

Liber 263, p. 7, is hereinafter returned, being 
agreement Lyles, Trustee, with Sage, dated Febru- 
ary 2, 1882. 

Liber 253, page 332, contains the following re- 
lease : 

Release. 
De Witt C. Sage 
to 
James H. Lyles, Trustee under 
and by virtue of a Trust Deed, 
dated June 3d, 1876, made to him 
by Henry H. Parker and recorded 
in the office of the Clerk of the 
County of Suffolk in Liber 221 of 
Deeds, page 426. 

Dated 1st March, 1881. Recorded 15th March, 
1881, Liber 253, p. 332. 



38 



Releases the said James H. Lyles, trustee as 
aforesaid, his successors and assigns, from the oper- 
ation and effect of a certain agreement made between 
me and said Lyles, trustee, bearing date the 22d day 
of May, in the year 1877, so far as the same shall 
cover and effect the following described property : 
All that certain lot, piece or parcel of land situate, 
lying and being upon Fisher's Island in the County 
of Suffolk and State of New York, and bounded 
and described as follows : Beginning at a mare 
stone on the crest of the hill set firmly in the ground 
in the westerly side of said lot, with a drill hole on 
its top surface marking the point of departure from 
said drill hole ; a " base line" of eight hundred feet 
in length bears by course of the magnetic needle 
north 85^° east, with a deflection to the left ; from 
said base line of 72° 10', and by needle north 13^° 
east bears the light of the Noank Light House; from 
said drill hole, with a deflection to the left, from 
said Noank Light House of 45° 20', and by compass 
north 32° west bears the light of the Hammock 
Light House ; from said drill hole, with a deflection 
to the left from the Hammock Light of 74° 46', and 
by needle south 73f° west bears "Race Rock 
Light"; from said drill hole, an angle of 90° from 
(lie said base line, running south 4f° east eight hun- 
dred and fifty-one feet, strikes a point on Isabella 
Beach at high water mark ; thence easterly by and 
along Isabella Beach to a point on said beach eight 
hundred feet, measured on a line running at right 
angles to the aforesaid line running south 4f ° east, 
thence north 4f° west, and in a course parallel to 
the course running south 4f° east four hundred and 
fifty feet to a point at the easterly termination of 
said base line of eight hundred feet as above de- 
scribed ; thence in the same direction of north 4f° 
west produced ten hundred and thirty feet to a mare 
stone set firmly in the ground, marked by a drill 
hole in the centre of the top surface at the south 
side of Oriental Avenue so-called ; thence westerly 



39 



by and along the south side of Oriental Avenue so- 
called eight hundred and fourteen feet, and by 
course of compass north 75£ west to the northwest 
corner of said lot, released said corner being one 
hundred and eighteen feet distant from a drill hole 
in a rock marking the southeast corner of the brick 
yard lot so-called belonging to D. C. Sage, and 
course by compass north 67|° west ; thence from 
said northwest corner on Oriental Avenue southerly 
across the pond of water and parallel to the easterly 
side of said lot ; and by compass south 4|° east 
eight hundred and eighty-five feet to the drill hole 
at the point of beginning, containing 29^ acres. 



2. Deed, Q. C. 

James H. Lyles, trustee, &c, 

to 

Florence M. Murdoch. 

Dated 26th October, 1876. Recorded 24th Novem- 
ber, 1876, Liber 225, p. 340. 
Conveys : 

"All that certain tract of land situated upon 
Fisher's Island in the County of Suffolk and State 
New York, which is bounded and described as fol- 
lows : Commencing at a point in the centre of the 
Serpentine Road leading to Little Hay Harbor, 
which is distant twenty-five feet in an easterly direc- 
tion from an iron bolt driven into a rock and dis- 
tant twenty feet from another iron bolt driven into 
another rock, said iron bolts being distant forty-one 
feet from each other ; and the said point of begin- 
ning being now marked by a stake driven into the 
ground at the centre of Desbrosses Street so-called, 
and running thence south 47° east one hundred and 
thirty feet; thence south 13°west five hundred and six 
feet ; thence south 25£° east two hundred and seven 
feet; thence north 71|° east three hundred and sixty- 



40 



four feet; thence north 9i° east one hundred and 
sixty-four feet; thence north 22^° west two 
hundred and fifty-two feet; thence north 50£ de- 
grees east tifty-nine feet; thence north 38£ degrees 
east tifty-nine feet; thence north 50^ degrees east 
one hundred and six feet; thence north 24} degrees 
east twenty-one feet; thence south 74 degrees east 
fifty-one feet; thence north 15J degrees east one 
hundred and eight feet; thence north 74£ degrees 
west twenty feet; thence north 9 degrees east one 
hundred and twenty-five feet; thence north 83£ de- 
grees west one hundred and sixty-eight feet; thence 
south 40} degrees west two hundred and seventy 
feet; thence south 50J degrees west seventy-four 
feet; thence south 70 degrees west two hundred and 
eighty-six feet to a point on the easterly side of 
said Desbrosses Street, and thence thirty feet to the 
point or place of beginning. 

And the said party of the second part, for and in 
consideration of the conveyance of the above men- 
tioned and described lands and premises by these 
presents, hath covenanted and agreed, and by these 
presents doth for herself, her heirs and assigns, 
owning or having at any future time any estate, 
right, title or interest of, in and to the above de- 
scribed lands and premises, or any part thereof, 
covenant and agree to and with the said party of the 
first part, his successors and assigns, that there shall 
not be erected or allowed to be erected or carried on 
on the lands and premises hereby conveyed, or any 
part thereof, any slaughter-house, tallow chandlery, 
any manufactory of gunpowder, glue, varnish, vit- 
riol, ink, petroleum or turpentine; any bone, oil or 
fish- factory; any establishment for tanning, dress- 
ing or preparing skins, hides or leather, or any 
other trade, manufactory business, or employment, 
or calling, which may be in anywise dangerous, 
noxious, offensive or disagreeable to the neighbor- 
ing inhabitants; and that the covenants and agree- 



41 

ments herein contained on the part of the said party 
of the second part, her heirs and assigns, shall ran 
with the land and shall be obligatory on every per- 
son or persons, corporation or corporations ; owning 
the same, or having any estate, right, title or inter- 
est therein, that would enable them or any of them 
to violate any of the said covenants or agreements. 
Provided, nevertheless, ihat no person or persons, 
corporation or corporations, shall be in anywise 
liable for any damages for a violation of the said 
covenants and agreements, or any or either of them, 
unless he, it or they shall at the time of such viola- 
tion be the owners of, or in the possession or occu- 
pancy of the said lands and premises hereby con- 
veyed, or of some part thereof, whereon or by means 
of which any such violation shall occur, or shall 
willfully and personally, or by its, his or their ser- 
vants or agents, violate the same or any of them. 

Release. 

Joseph S. Pay, Eliza D. Pox, 
Elizabeth A. Hood and Harriet 
P. Lyles, 

to 

Florence M. Murdock. 

Dated 26th Oct., 1876. Recorded Nov. 24th, 1876, 
Liber 225, p. 343. 

Releases the premises in deed, Liber 225, p. 340, 
and above returned, from four mortgages, all dated 
the 30th of March, 1876, and made and executed by 
James P. Lyles and Harriet P., his wife. The first 
to Joseph S. Fay, the second to Eliza D. Fox, the 
third to Elizabeth A. Hood and the fourth to Henry 
H. Parker, who did thereafter by written instru- 
ment duly assign the last mentioned indenture to 
the said Harriet F. Lyles. 



42 



Mortgage. 

James EL Lyles and Harriet F., 
his wife, 

to 

Joseph S. Fay. 

Dated 30th March, 1876. Recorded 29th April, 
1876, Liber 127, p. 368, to secure $14,852.96. 

Affects : 

" All that certain island lying and being in the 
County of Suffolk and State of New York, called 
Fisher's Island, and the several small islands con- 
tiguous thereto called the Hammocks." Endorse- 
ments as follows : 

See Liber 228 of Deeds, pp. 315, 321, 325, 347; 
Liber 229, pp. 197, 484; Liber 233, p. 567; Liber 238, 
p. 389; Liber 263, p. 3; Liber 243, p. 60; Liber 225, 
p. 343. 

Mortgage. 

James H. Lyles and Harriet F., 
his wife, 

to 

Eliza D. Fox. 

Dated 30th March, 1876. Recorded 29th April, 
1876, Liber 127, p. 370. To secure $51,902.95. 

Affects : 

Same premises described in last return. 

Endorsements as follows : 

See Liber 228 of Deeds, pp. 315, 321, 347; Liber 
229, pp. 197, 484; Liber 233, pp. 567; Liber 238, p. 
389; Liber 263, p. 3; Liber 243, p. 60; Liber 225, 
p. 343. 



43 



Mortgage. 

James H. Lyles and Harriet F., 
his wife, 

to 

Elizabeth A. Hood. 

Dated 30th March, 1876. Kecorded 29th April, 
1876, Liber 127, p. 371. To secure $3,639.00. 

Affects : 

Same premises as are affected by last two re- 
turns. 

Endorsements : 

See Liber 228 of Deeds, p. 347; Liber 229, pp. 197, 
484; Liber 233, p. 567; Liber 238, p. 389; Liber 253, 
p. 541; Liber 263, pp. 16, 3; Liber 243, p. 60; Liber 
225, p. 343. 

Mortgage. 

James H. Lyles and Harriet F., 
his wife, 

to 

Florence E. Murdock. 

Dated 30th March, 1876. Recorded 29th April, 
1876, Liber 127, p. 373. To secure 

Affects : 
Same premises as the last three returned. 

Endorsement : 
Cancelled. See Liber 129, p. 480. 

Mortgage. 

James H. Lyles 

to 

Henry H. Parker. 

Dated 30th March, 1876. Recorded 29th April, 
1S76, Liber 127, p. 375. 



44 



Affects : 
The same premises as the last returned. 

Endorsements : 

See Liber 228 of Deeds, pp. 315, 321, 347; Liber 
229, pp. 197, 484; Liber 233, p. 567; Liber 238, p. 
389; Liber 263, p. 3; Liber 228, p. 343; Liber 243, p. 
60; Liber 225, p. 343. 

Assigned to Harriett F. Lyles. See Liber 129, 
p. 427. 

Release. 

Joseph S. Fay, Eliza D. Fox, Eliza- 
beth A. Hood and Harriet F. Lyles 

to 

James H. Lyles, Trustee. 

Hated 10th May, 1877. Recorded May 26th, 1877, 
Liber 228, p. 315. 

Releases the following premises from four mort- 
gages, all dated the 30th of March, 1876, and made 
and executed by James H. Lyles and Harriet F., 
his wife. The first to Joseph S. Fay, the second to 
Eliza H. Fox, the third to Elizabeth A. Hood and 
the fourth to Henry H. Parker, who did thereafter 
by written instrument duly assign the last-men- 
tioned indenture to the said Harriet F. Lyles. 
" All that portion of the island known as Fisher's 
Island, in said County of Suffolk and State of New 
York, lying and embraced between the two follow- 
ing described lines as distinguished from the remain- 
ing portions of the said island lying beyond 
and outside of the said lines. The first of said 
lines being the northeasterly boundary of the 
premises hereby granted and released is described 
as follows: Commencing on the easterly shore of said 
island at a point marked by a drill hole in a high 
rock, which is distant eighty feet from another rock 
near the bank and distant fifty-seven feet from 



45 



another large rock lying southerly therefrom, the 
two rocks last mentioned being distant from each 
other sixty-four feet and lying together with the 
first mentioned rock about three hundred to five 
hundred feet southerly from a stone fence or wall 
which is laid down on the map or chart of said 
Fisher's Island, and from said point of beginning; 
in lining in a direction north, thirty-seven and three 
quarter degrees (37f°) west one thousand six hun- 
dred and fifty (1,650) feet to the edge of woods at 
the southerly side of the meadow belonging to the 
white house, and thence continuing in the same 
direction the further distance of one thousand and 
fifty (1,050) feet through the woods to a point on 
the shore of the West Harbor. The second of 
said lines being the southwesterly boundaries of 
the premises hereby granted and released is de- 
scribed as follows : Commencing at a point on the 
west bank of the fresh water ice pond at its inter- 
section with the road leading from the Durfey 
Meadow to the South Meadow, from which point 
Montauk Light bears south twenty-four and one- 
quarter degrees (244/) east; theuewKace Point Light 
bears south seventy-two and one-quarter degrees 
d'2 \) west ; t lie centre of the United States Wreck- 
ing Statiou bears south eighty-one and three- 
quarters degrees (81|) west, and the centre of the 
gateway opening into Durfey Grass Meadow bears 
north seventy and one-half degrees (70+) east; 
and is sixteen hundred and forty-two (1.04-2) feet 
distant, and from said point of beginning, running 
in a direction north forty-eight and three-quarters 
degrees (48f-°) west three thousand three hundred 
and seventeen (3,317) feet to a point at the eastern 
bank of Silver Lake, which is marked by a peg or 
stake driven into the ground, and is tweni\ -five(25) 
feet distant from a loose rock lying northerly there 
from and twenty-one feet (21) and six (6) inches 
from another loose rock lying easterly therefrom, 
the said line being continued in each extremity in 



46 



the line of the same direction as aforesaid until 
it reaches the salt water upon the edge of the shore. 
Saving and excepting and reserving, nevertheless, of 
north of the said premises so as aforesaid lying 
between the two lines aforesaid, the main building 
now standing upon the said premises and the tract 
known as the Durfey Grass Meadow, which tract 
comprises about forty and one-half acres (40£) and 
is described and bounded as follows : Commencing 
at the gate at the southwesterly corner of said 
meadow near the Pump House at a point lying 
sixteen hundred and forty-two (1,642) feet distant 
from the above described point of beginning of the 
second or southwesterly line aforesaid, and lying in 
a direction north seventy and one-half degrees 
(70£°) therefrom, and from said point at said gate, 
running first by and along the fence south thirty 
and three-quarters degrees (30|°) east one hun- 
dred and fifty-four (154) feet ; thence south eighty- 
one and one-half degrees (81£°) east by tide water 
one thousand and forty-six (1,046) feet ; thence 
north twenty and one-quarter degrees (20}°) east 
two hundred and eighty-four (284) feet ; thence 
north twenty-eight and one-half degrees (28£°) east 
three hundred and forty-five feet (345) to the road ; 
thence along the road north sixty-one and three- 
quarters degrees (61|°) west two hundred and 
twenty-eight (228) feet ; thence still along the road 
north thirty-six and one-half degrees (36-T) west 
one thousand one hundred and thirty-one (1,131) 
feet ; thence south fifty-six and one-quarter degrees 
(564/) west four hundred and ninety-four (494) 
feet ; thence north thirty-four degrees (34) west 
two hundred and seventeen (217) feet ; thence north 
seventy-eight and three-quarters degrees (78f ) west 
three hundred and fifty (350) feet ; thence south 
seventy-nine and one-half degrees (79^°) west one 
hundred (100) feet; thence south sixteen degrees 
(16°) east nine hundred and seventy-live feet (975), 
and thence south thirty and three-quarters degrees 



47 



(30|°) east three hundred and seventy-five (375) feet 
to the point of beginning, to the intent that the 
portion of said premises so as aforesaid saved, ex- 
cepted and reserved shall still remain subject to the 
aforesaid mortgages as heretofore and shall not be 
embraced in the premises hereby granted and re- 
leased to the said party of the second party. 

Release. 

Joseph S. Fay, Eliza D. Fox and 
Elizabeth A. Hood and Harriet 
F. Lyles. 

to 

James H. Lyles, Trustee. 

Dated 11th May, 1877. Recorded 26th May, 1877, 
Liber 228, p. 321. 

Releases the following premises from three mort- 
gages, all dated the 30th of March, 1876, made and 
executed by James F. Lyles and Harriet F., his 
wife, the first to Joseph S. Fay, the second to 
Eliza D Fox, and the third to Henry H. Parkei-, 
who did by written instrument duly assign the last- 
mentioned indenture to the aforesaid Harriet F. 
Lyles : 

"All that certain tract of land situate upon 
Fisher's Island, in the County of Suffolk and State 
of New York, which is bounded and described as 
follows : Beginning at a point upon the shore of 
said island, upon the easterly side of the West or 
Great Harbor, which point is designated by a mark 
upon a high rock at the termination of a fence now 
standing at high water mark upon the shore afore- 
said, and thence running south thirty-four degrees 
(34°) east, and part of the way through a swamp, 
one thousand five hundred and forty-eight (1,548) 
feet to a rock on the northerly side of Eastern 
Point Road, which rock lies four (4) feet distant in 



48 



a westerly direction from another rock; thence north 
forty-nine and one-quarter degrees (49|°) east by 
and along said Eastern Point Road, one thousand 
three hundred and sixty (1,360) feet to a point 
marked by a stake driven into the ground; thence 
north fifty-six and one-quarter degrees (56J°) east 
three hundred and forty (340) feet to a drill hole in 
a low permanent rock; thence north thirty three 
and one- half (33£°) west, and in a direct line with 
the direction of the light upon the North Hammock 
from the point last mentioned, one thousand and 
forty (1,040) feet to high water mark upon the said 
easterly shore of said West or Great Harbor; and 
thence in a general southwesterly direction, follow- 
ing the variations and curvatures of the said shore, 
about one thousand eight hundred (1,800) feet to 
the point or place or beginning, containing forty- 
nine and one-half (49^) acres more or less." 

Release. 

Joseph S. Fay, Eliza D. Pox, 
Elizabeth A. Hood and Harriet 
P. Lyles 

to 

Thomas R. Harrow and Harmon 
T. Darrow. 

Dated 26th Oct., 1876. Recorded 29th May, 1877, 
Liber 228, p. 347. 

Releases the following premises from four mort- 
gages, all dated the 30th of March, 1876, and made 
and executed by James H. Lyles and Harriet F., 
his wile, the first unto Joseph S. Fay, the second 
unto Eliza H. Fox, the third to Elizabeth A. Hood, 
the fourth unto Henry H. Parker, who did there- 
after, by written instrument, duly assign the last 
mentioned indenture to the said Harriet F. Lyles: 

"All that certain tract of land situate upon 
Fisher's Island, in the County of Suffolk and State 



49 



of New York, being upon the ' Little Hay Harbor ' 
upon said island, which tract is bounded and de- 
scribed as follows: Commencing at a point on the 
northwesterly side of the premises hereby conveyed, 
which point is distant twenty-five feet easterly from 
an iron bolt imbedded in a large rock and fifteen 
feet westerly from an iron bolt driven into a large 
flat rock, and also one hundred and forty-three feet 
from the shed room attached to the dwelling house 
on the said premises, and being north 43 degrees 
east two hundred and twenty-one feet from a stake 
driven into the ground at high water mark, and run- 
ning thence south 31| degrees west one hundred 
and six feet to a stake; thence south 19§ degrees 
west two hundred and six feet to a stake; thence 
south 71J degrees east two hundred and thirty feet 
to a stake; thence south 74 degrees east two hun- 
dred and forty-two feet to a stake; thence north 
53 degrees east one hundred and fifty seven feet to 
a stake; thence due north one hundred and twenty 
feet to high water mark; thence by and along with 
the shore to the northerly terminus of said first 
course at said shore at high water mark; and thence 
north forty-three degrees east two hundred and 
twenty -one feet to the point of beginning." 



3 Deed Q. C. 

James H. Lyles, Trustee, 

to 

Thomas R. Darrow and Harmon 
T. Darrow. 

Dated 26th Oct., 1876. Recorded 29th May, 1877, 
Liber 228, p. 352. 

Conveys same premises as described in last above 
return — release. 

Covenants 1 and 2 hereinafter returned. 



50 



Release. 

Joseph S. Fay, Eliza D. Fox, 
Elizabeth A. Hood and Harriet 
F. Lyles, 

to 
Frances Catharine Hedge. 

Dated 26th Oct., 1876. Recorded 6th July, 1877, 
Liber 229, p. 197. 

Releases the following described premises from 
four mortgages made and executed by James H. 
Lyles and Harriet, his wife, on the 30th of March, 
1876, the first unto Joseph S. Fay, the second unto 
Eliza D. Fox, the third to Elizabeth A. Hood, and 
the fourth unto Henry H. Parker, who did there- 
after, by written instrument, duly assign the last 
mentioned indenture to the said Harriet F. Lyles : 

" All that certain tract of land situate upon Fish- 
er's Island, in the County of Suffolk and State of 
New York, being upon the ' Great Harbor ' upon 
said island, which tract is more particularly de- 
scribed as follows : Commencing at a point on a 
large rock in an angle of the wall fence, which point 
is distant fifty feet from an iron bolt driven into 
a high boulder and thirty-eight feet from an iron 
bolt driven into a smaller rock (said rocks being 
sixty-four feet apart), and running thence south 484; 
degrees east ninety feet to a stake; thence south 20f 
degrees east one hundred feet to a stake; thence 
south 174. degrees east one hundred and sixty-three 
feel to a stake; thence south 124 degrees east one 
hundred and forty-one feet to a stake; thence south 
86$ degiees east one hundred and three feet to a 
stake; thence north 80$ degrees east seventy-three 
feet to a stake; thence north 61 J degrees east thirty- 
three feet to the seawall at high water-mark; thence 
by and along with the shore to the southwesterly 
corner of the premises hereby conveyed at a wall 
running from the water southeasterly up the bluff; 



51 



thence by arid with said wall south 75^ degrees east 
fifty-seven feet to a stake: thence south 35 deg 
east one hundred and forty feet to a stake: and 
thence south 29f degrees east one hundred and tifty- 
nine feet to the point of beginning, the house on said 
premises being known as the Brown House." 



4. Deed Q. C. 
James H. Lyles. Trustee, 

to 

Frances Catharine Hedge. 

Dated 26th of October. 1876. Recorded 6th of 
July. 1877, in liber 229. page 201. 

Convey- : 

Same premises last above described. Covenants 1 
and 2 hereinafter returned. 

5. Deed. 

James H. Lyles. Trustee. 
to 

Frances Catharine Hedge. 

Dated 1st of May. 1877. Recorded 6th of July. 
1S77. in Liber 229. page 204. 

Conveys : 

"All that certain tract of land situate upon said 
Fishers Island, in said County of Suffolk aud State 
of New York, which is bounded and described as 
follows : All that certain peninsula of land which 
runs out into the West or Great Harbor and is sur- 
rounded upon all sides by the water of said harbor, 
excepting only where it is connected with the main 
land of said island by a narrow strip of land, and 
upon the said strip of land the premises hereby de- 
scribed aud conveyed are bounded on the easterly 



52 



side by a line running from water to water, as fol- 
lows : Commencing at a point on the southerly shore 
thereof on a hard ridge of land, which point is dis- 
tant thirty-three (33) feet in an easterly direction 
from a large rock and running thence due north 
in a straight line along and upon said ridge two 
hundred and thirty (230) feet to the northerly shore 
thereof at a point distant eighty-one feet in a west- 
erly direction from another large rock. 
Covenants 1 and 2 hereinafter returned. 

Release. 

Joseph S. Fay, Eliza D. Fox, 
Elizabeth A. Hood and Harriet 
D. Lyles, 

to 

Bathsheba E. Barlow. 

Dated 28th of June, 1877. Recorded August 10th, 
1877, in Liber 229, page 484. 

Releases the following described premises from 
four mortgages made and executed by James H. 
Lyles and Harriet F., his wife, all dated the 30th of 
March, 1876, the first unto Joseph S. Fay, the 
second unto Eliza I). Fox, the third to Elizabeth 
A. Hood, and the fourth unto Henry H. Parker, who 
did thereafter, by written instrument, duly assign 
the last mentioned indenture to the aforesaid 
Harriet F. Lyles: "All that certain tract, piece 
or parcel of land situate upon Fisher's Island, 
iu the said County of Suffolk and State of New 
York, which is described as follows, to wit : Begin- 
ning on the easterly shore of the West or Great 
Earbor at a point about a mile southerly from 
Clay Point and at the termination of a wall 
now standing, which runs from the first of the 
ponds hereinafter mentioned, to the shore of 
said West Harbor, and from said point of be- 
ginning at the termination of said wall run- 



53 

ning in a northerly direction along the shore 
aforesaid to a point where a line drawn paral- 
lel to the said wall and distant two hundred 
feet therefrom on the northeasterly side thereof 
would intersect the line of said shore; thence in an 
easterly direction along said last mentioned line 
parallel to said wall and distant two hundred feet 
northerly therefrom to the point where said line in- 
tersects the shore of the pond aforesaid; thence in a 
southerly direction following the shore of said pond 
to the easterly termination of said wall and passing 
the same and still following said shore to the point 
where a second line drawn parallel to the said wall 
and distant one hundred and twenty-feet therefrom 
on the southerly side thereof would intersect the 
said shore; thence westerly along the last mentioned 
line parallel to said wall and distant one hundred 
and twenty- feet northerly therefrom to the point 
where said line intersects the shore of the West 
Harbor aforesaid; and thence northerly along the 
said shore of West Harbor to the said wall at the 
point or place of beginning; together with all lands 
lying under water or beyond high water mark to 
the westerly of the above-described premises and 
lying between the two lines aforesaid on a prolonga- 
tion of the same for the distance of two hundred 
feet each into the waters of said West Harbor, saving, 
reserving and excepting, however, the road now 
passing across the aforesaid premises, which is to lie 
and remain a public thoroughfare, anything herein 
contained to the contrary notwithstanding. 

6. Deed, Q. C. 

James H. Lyles, Trustee, 

to 

Bathsheba E. Barlow. 

Dated 28th June, 1877. Becorded 10th Aug., 1877, 
Liber 229, p. 490. 



54 

Conveys the same premises last above described. 
Covenant 2 hereinafter returned and see covenant 
annexed hereto. 

Provided, nevertheless, anything herein contained 
to the contrary notwithstanding, and this convey- 
ance is made upon this express condition, that in 
case the ice business, which it is provided by written 
agreement between said Lyles and said Barlow of 
even date herewith is to be carried on upon said 
premises, shall be abandoned at any time before the 
expiration of the period in said agreement fixed and 
provided then the said premises hereby granted and 
each and every part thereof shall forthwith revert 
back to and vest in said Lyles, his successors and 
assigns, in fee. 

Liber 229, p. 490. 



7. Deed. 

James H. Lyles, Trustee, 

to 

William A. Fones. 

Dated 27th July, 1877. Recorded 7th Sept., 1877, 
Liber 230, p. 122. 

Conveys : 

"All that certain lot, piece or parcel of land situ- 
ate, lying and being upon Fisher's Island, in the 
County of Suffolk and State of New York, which is 
bounded and described as follows ; Beginning at the 
southeasterly corner of the lot hereby conveyed, 
being a point on the westerly side of the Eastern 
Point Road, distant (15) feet from the end of the 
wall south of the gateway across said road, and run- 
ning thence south sixty-three degrees (63°) west 
one hundred and forty-six (146) feet to a point in 
said wall at the southwesterly corner of said lot; 

fchei north thirty-nine degrees thirty minutes 

(39° 30') west three hundred and thirty (330) feet 



55 



to the easterly side of a street hereafter to be 
straightened; thence along said easterly side of said 
street north eighteen degrees thirty minutes 
(18° 30'), east two hundred and ninety (290) feet to 
flic southerly side of said Eastern Point Road, and 
thence along the southerly side of said Eastern 
Point Road south twenty-seven degrees forty -live 
minutes (27 45 east five hundred and twenty-four 
(524) feet to the place of beginning, containing one 
acre three roods and eighteen rods of land. 
Covenants 1 and 2 hereinafter returned. 

8. Deed, Q. C. 

James H. Lyles, Trustee, 

to 
Charlotte Augusta Allen. 

Dated 22d May, 1877. Recorded 20th Sept., 1877, 
Liber 230, p. 257. 

Conveys : 

"All that certain tract of la,nd situated upon 
Fisher's Island, in the County of Suffolk and State 
of New York, which is bounded and described 
as follows: Beginning at a point on the easterly 
side of the east shore road between the Mansion 
House and the Durfey Grass Meadow, said road 
being taken as forty (40) feet from the southernmost 
gate post now standing, and running thence along 
the easterly line of said road south thirty-six and one- 
half (36£) degrees east four hundred and seventeen 
and one-half (417£) feet; thence north fifty-three and 
one-half degrees (53^°) east four hundred and seven- 
teen and one-half (417£) feet; thence north thirty 
six and one-half degrees (36^°) west four hundred 
and seventeen and one half (4174) feet, and thence 
south fifty-three and one-half degrees (53A ■'"') west 
four hundred and seventeen and one-half (417£) feet 
to the point or place of beginning, containing 
acres of land more or less." 

Covenants 1 and 2 hereinafter returned. 



56 

9. Deed. 

James H. Lyles, Trustee, 

to 

William Henry Heiss. 

Dated 24th August, 1877. Recorded 20th Sep- 
tember, 1877, in Liber 230, p. 204. 

Conveys : 

"All that certain tract, piece or parcel of land 
situate, lying and being on Fisher's Island, in the 
County of Suffolk and State of New York, known 
as Twin Hill, and bounded as follows, to wit : Be- 
ginning at a point on the easterly side of a road 
laid out on said island, which point is distant twelve 
(12) feet easterly from the end of a wall terminated 
by a large gate through which said road passes, and 
running thence along said road south six and one- 
half degrees east (S. 6£° E.) three hundred and sixty 
(360) feet; thence south sixty-eight degrees east (S. 
68° E.) two hundred and seventy- two (272) feet; 
thence north six degrees east (N. 6° E.) four hun- 
dred and twenty-one (421) feet to said wall, and 
thence along said wall north eighty-three degrees 
west (N. 83° W.) three hundred and fifty (350) 
feet to the place of beginning, containing two acres 
and seventy-five one-hundreths of an acre of land. 

Covenants 1 and 2 hereinafter returned. 



10. Deed. 

James H. Lyles, Trustee, 

to 

William Henry Heiss. 

Dated 24th August, 1877. Recorded 20th Sep- 
tember, 1877, in Liber 230, p. 266. 

Conveys : 

•'All that tract or parcel of land situate, lying 



and being on Fisher's Island, in the County of Suf- 
folk and State of New York, known as Mystic Hill, 
and bounded and described as follows : Beginning 
on the shore at a large rock ten feet high and run- 
ning thence along the shore north 30 minutes east 
(N. 30' E.) one hundred and fifty (150) feet to a 
stone with a hole drilled in the top; thence north 
seventy-nine degrees west (N. 79° W.) five hundred 
and thirty-five (535) feet; thence south thirty-one 
and a quarter degrees (S. 31^° W.) two hundred and 
two (202) feet; thence south fifty-four and a quarter 
degrees east (S. 54^° E.) five hundred and eighty (580) 
feet to the shore, and thence along the shore north 
thirty-six degrees east (N. 36° E.) three hundred 
feet to the point of beginning, containing four and 
two-tenth (4 T ? , T ) acres of land. 
Covenants 1 and 2 hereinafter returned. 



11. Deed. 

James H. Lyles, Trustee, 

to 

William Henry Heiss. 

Dated 24th August, 1877. Recorded 20th Septem- 
ber, 1877, in Liber 230, p. 269. 

Conveys : 

" All that tract or parcel of land situate, lying 
and being on Fisher's Island, and in the County of 
Suffolk and State of New York, at Meadow Hill, 
and bounded and described as follows : Beginning 
at the northwest corner of said premises at the in- 
tersection of two ditches, and running thence along 
a ditch south forty-nine degrees west (S. 49 c W.) 
three hundred and sixty (360) feet to the north- 
easterly side of "Circular Drive" (or Crescent 
Avenue) as laid down on a map entitled " property 
of Charles L. Richards, Henry L. Parker, James M. 



58 



Meach, mapped and surveyed by E. B. Jennings, 
City Surveyor, New London, 1877"; thence the 
northeasterly side of said "Circular Drive" (or 
Crescent Avenue) south sixty-one degrees east (S- 
61° E.) two hundred and nineteen (219) feet to the 
southeasterly side of the road leading to the wharf, 
as laid down on said map; thence along the south- 
easterly side of said road north fifty-one degrees 
east (N. 51° E.) three hundred and nineteen (319) 
feet to the shore of ' ' Great Harbor ' ' ; thence along 
the shore north seventeen and three-quarters de- 
grees east (N. 17|° E.) seventy -five (75) feet to a 
ditch; thence north sixty-four degrees west (N. 64° 
W.) along said ditch two hundred and thirty (230) 
feet to the place of beginning containing two and 
one-tenth (2^) acres of land, be the same more or 
less. 

Covenants 1 and 2 hereinafter returned. 



12. Deed. 

James H. Lyles, Trustee, 

to 

Charles L. Richards, Henry L. 
Parker and James M. Meech. 

Dated 24th Aug., 1877. Recorded 15th Oct., 
1877, Liber 230, p. 549. 

Conveys : 

" All that tract or parcel of land situate, lying and 
being in Fisher's Island, in the County of Suffolk 
and State of New York, which is shown oh a map 
thereof entitled ' Property of Charles L. Richards, 
Henry L. Parker and James M. Meech,' made by 
E. B. Jennings and intended to be tiled in the office 
of the Clerk of Suffolk County, is bounded and de- 
scribed as follows : Beginning at a rock with drill 
holes on the southwesterly shore of Great Harbor 
and southerly of the road leading to the wharf as 



59 



laid down upon said map, and running thence south 
f < nt y-seven and three-quarters degrees west (S. 47f = 
W. ) four hundred and thirty-one (431) feet crossing 
the ' Circular Drive ' or ' Crescent Avenue,' as laid 
down on said map; thence north fifty -four and one- 
half degrees west (N. 54 J : W.) five hundred and 
fifty (550) feet; thence north twenty-eight and three- 
quarters degrees east (N. 28|° E.) two hundred 
(200) feet to the southwesterly side of said ' Circu- 
lar Drive ' or ' Crescent Avenue ' ; thence along said 
southwesterly side of said 'Circular Drive' or 
'Crescent Avenue' south sixty-one degrees east 
(S. 61" E.) four hundred and eight (408) feet to a 
point where the southeasterly side of said road lead- 
ing to the wharf if extended southwesterly would 
strike the same; thence along the southeasterly side 
of said road leading to the wharf north fifty-one 
degrees east (N. 51° E) three hundred and forty (340) 
feet to the southwesterly shore of said Great Harbor, 
and thence along the shore of Great Harbor south- 
easterly to the point of beginning. Excepting 
therefrom so much of the above described premises 
as is included in said Circular Drive or Crescent 
Avenue, as laid down on said map, containing four 
and three-quarter acresof land, be the same more or 
less. 



13. Deed. 

James H. Lyles, Trustee, 

to 
F. L. and C. H. Gardner. 

Dated 1st Oct., 1877. Recorded 24th Oct., 1877, 
Liber 231, p. 48. 

Conveys : 

" All that certain lot, tract or parcel of land situ- 
ated and lying on Fisher's Island, in the County of 
Suffolk and State of New York, bounded and de- 



CO 



scribed as follows, viz.: Said lot lies between Avenue 
B on the north and Avenue C on the south, and ad- 
joining Avenue A on the east, as marked out and 
delineated on the map made by D. A. Daboll, C. E., 
which map shows the location of said avenues and a 
reference being had thereto. Beginning at the 
northeast corner of this tract at the intersection of 
the south line of Avenue B with the west line of 
Avenue A; thence south 13f ° west with the west line 
of Avenue A two hundred and eighty-four (284) feet 
to the north side of Avenue C; thence south 83£° 
west with the north side of said Avenue C one hun- 
dred and forty-eight feet (148); thence north 13f ° east 
parallel with the west line of Avenue A three hun- 
dred and twenty feet (320) to north side of Avenue 
B; thence south 69£° east with the south line of said 
Avenue B one hundred and forty-live feet (145) to 
the place of beginning, containing one acre of land, 
be the same more or less." 

Covenants 1 and 2 hereinafter returned. 



14. Deed. 

James H. Lyles, Trustee, 
to 
James Walker, Lutina S. Walker 
and William C. Walker. 

Dated 17th Oct., 1S77. Recorded Oct. 24th, 1877, 
Liber 231, p. 51. 

Conveys : 

" All that certain tract, lot or parcel of land situ- 
ate, lying and being on Fisher's Island, and in the 
County of Suffolk and State of New York, and 
bounded and described as follows, viz.: Beginning 
at the northwest corner of the tract or lot, sold to 
P. L. and C. H. Gardner, on Avenue B; thence 
south 13f° west three hundred and twenty feet (320) 
to Avenue C; thence with the north line of Avenue 



Gl 



C north 83^° degrees west one hundred and thirty- 
one and one-half feet (131|); thence north 13f " easl 
three hundred and fifty-eight feet (358) to Avenue 
B; thence with the south line of said avenue south 
70° east one hundred and thirty-six feet (130) 
to the place of beginning (the east and west lines 
of this tract run parallel to each other), con- 
taining one acre of land, be the same more or less. 
Also that certain lot, tract or parcel of land situated, 
lying and being on Fisher's Island, in the County of 
Suffolk and State of New York, and bounded and 
described as follows, viz.: Beginning at the north- 
west corner of the above-described section on the 
south side of Avenue B thence south 131° west 
three hundred and fifty-eight feet (358) to the north 
side of Avenue C; thence with the north line of said 
Avenue C north 83^° west one hundred and twenty- 
one and eight-tenth feet (121 T 8 T ); thence north 13|° 
east (running parallel with the east line of this tract) 
three hundred and eighty-five feet (385) to the south 
line of Avenue B; thence with said south line of 
Avenne B south 70£° east one hundred and nineteen 
and one-half feet (119£) to the place of beginning, 
containing one acre of land, be the same more or less. 
Covenants and hereinafter returned. 



15. Agreement. 

James H. Lyles, Trustee, 

and 

De Witt C. Sage. 

Dated 22d May, 1877. Eecorded Nov. 28th, 1877, 
Liber 231, p. 347. 

This agreement, made and entered into this twenty- 
second clay of May, in the year eighteen hundred 
and seveuty-seven, by and between James H. Lyles 
of the City of Brooklyn in the State of New York, 



<>2 



trustee, under and by virtue of a trust deed dated 
June 3d, 1876, made to him by Henry H. Parker 
and wife, and recorded in the office of the Clerk of 
Suffolk County in Liber 221 of Deeds, page 426, and 
De Witt C. Sage of the Town of Cromwell in the 
State of Connecticut, witnesseth, that whereas said 
Lyles, as such trustee, has by deed bearing even 
date herewith conveyed to said Sage certain lands 
and premises situate upon Fisher's Island, in said 
County of Suffolk and State of New York; and 
whereas, said conveyance lias been made in view of 
t lie terms of this agreement as hereinafter expressed. 
Now, therefore, in consideration of the premises and 
of the covenants, promises and agreements herein 
contained to be kept and performed by the respective 
parties hereto, it is hereby covenanted and agreed 
between the parties aforesaid as follows : 

The said Lyles as such trustee hereby gives and 
grants to the said Sage and to his heirs, executors 
and administrators the privilege of digging upon 
the lands now of said Lyles, trustee, and using such 
clay, sand and water as may be necessary to enable 
said Sage to carry on the manufacturing of bricks 
upon said Fisher's Island, as herein agreed, together 
with the right of way to pass to and from the clay 
pits, now open or which shall be opened by said 
Sage, by and over such roads as said Sage may con- 
struct therefor, provided, however, that said Sage 
shall not so construct or use said clay pits or roads 
as to obstruct travel upon the roads which now are 
or hereafter may be used as public roads or thorough- 
fares upon said island. And it is further agreed 
that said Lyles, trustee, will not interfere with any 
clay pits which shall be opened and used by said 
Sage, or grant to any other person the right to use 
or interfere with the same, or sell or otherwise dis- 
pose of the land whereon such clay pits may be in 
such manner as to prevent the enjoyment by said 
Sage of his full right under this agreement. And 
it is also agreed that in case any of the clay pits 



(53 



opened or owned by said Sage shall at any time be 
in a dangerous condition, then the same shall be 
properly fenced and enclosed by said Sage so effect- 
ually to avoid danger of injury to prisons and to 
cattle. And it is further agreed that said Sage shall 
forthwith erect upon the premises so conveyed to 
him as aforesaid sufficient machinery for the manu- 
facture of at least five million brick per annum, and 
shall prosecute thereon and therewith the business 
of manufacturing brick to the best of his ability, 
and shall also pay to the said Lyles, as such trustee, 
a royalty of ten (10) cents per thousand upon all 
brick which shall be so manufactured, and shall 
furnish from time to time, and at all reasonable 
time, statements showing the number of bricks so 
manufactured, and that the amounts which shall fee 
payable for such royalties as aforesaid shall become 
due and payable upon the first day of January in 
each and every year. And it is further agreed that 
this agreement and all the provisions hereof shall 
enure to the benefit of and be binding upon the 
heirs, executors, administrators and assigns of said 
Sage and the successors and assigns of said Lyles 
as such trustee. 



15. Deed. 

James H. Lyles, Trustee, 

to 

DeWitt C. Sage. 

Dated 22d May, 1877. Recorded Nov. 28th, 1877, 
Liber 231, p. 349. 

Conveys : 

"All that certain tract of land situate upon 
Fisher's Island, in the County of Suffolk and State 
of New York, which is bounded and described as 
follows : 

Beginning at a point on the shore of said island 



04 



upon the easterly side of the West or Great Harbor, 
which point is designated by a mark upon a high 
rock at the termination of a fence now standing at 
high water mark upon the shore aforesaid, and 
thence running south thirty -four degrees (34°) east 
and part of the way through a swamp one thousand 
five hundred and forty-eight (1,548) feet to a rock 
on the northerly side of Eastern Point Road, which 
rock lies four (4) feet distant in a westerly direction 
from another rock ; thence north forty-nine and 
one-quarter degrees (49£°) east by and along said 
Eastern Point Road one thousand three hundred 
and sixty (1,360) feet to a point marked by a stake 
driven into the ground ; thence north tifty-six and 
one-quarter degrees (564/°) east three hundred and 
forty (340) feet to a drill-hole in a low permanent 
rock ; thence north thirty three and one-half de- 
gree (33£°) west and in a direct line with the direc- 
tion of the light upon the North Hammock from 
the point last mentioned one thousand and forty 
(1040) feet to high -water-mark, upon the said east- 
erly shore of said West or Great Harbor, and thence 
in a general southwesterly direction, following the 
variations and curvatures of said shore, about one 
thousand eight hundred (1,800) feet to the point or 
place of beginning, containing forty-nine and one- 
half (49£) acres, more or less." 

16. Heed. 

James H. Lyles, Trustee, 

to 

Edgar A. Smith. 

Hated 1st Sept., 1877. Recorded 11th Jan., 1878, 
Liber 232, p. 172. . 

Conveys : 

" All that certain tract or parcel of land situated, 
lying and being upon Fisher's Island, in the County 



65 

of Suffolk and State of New York, and bounded 
and described as follows, to wit : Beginning at the 
northwest corner of a lot of land sold Sholes 

at a point on the south side of Crescent Avenue 
(272) two hundred and seventy-two feet westerly 
from the west line of Avenue A ; thence south L6° 
west three hundred feet (300) to the north side of 
Avenue B ; thence north 72° west with the north 
side of Avenue B one hundred and eighty -four feet 
(184) ; thence north 16° east running parallel with 
the east line of this tract three hundred and seventy- 
three and one-half feet (373^) to Crescent Avenue ; 
thence south 50|° east with the south side of Cres- 
cent Avenue two hundred (200) feet to the place of 
beginning, containing one acre and ( T V ) of land be 
the same more or less." 
Covenants 1 and 2 hereinafter returned. 



17. Deed. 

James H. Lyles, Trustee, 

to 

Mary Ann Green. 

Dated 1st Oct., 1877. Recorded Jan. 11th, 1878. 
Liber 232, p. 175. 
Conveys : 

"All that certain tract or parcel of land situated, 
lying and being on Fisher's Island, in the County 
of Suffolk and State of New York, and described 
and bounded as follows, viz. : Being at the north- 
west corner of lot sold Edgar A. Smith on the 
south side of Crescent Avenue ; thence south 16° 
west three hundred and seventy-three (373 J) feet 
to the north side of Avenue B ; thence with 
the north side of Avenue B north 77£ degrees 
west ninety -two and one-half (92i) feet ; thence 
north 16° east running parallel with the oast line 
of this tract four hundred and fifteen (415) feet to 



06 



Crescent Avenue ; thence with the south side of 
said avenue south 50^° east one hundred feet (100) 
to the place of beginning, containing eight hundred 
and thirty-seven one-thousandths (837 -j-^ of an 
acre, be the same more or less." 
Covenants 1 and 2 hereinafter returned. 

18 Deed. 

James H. Lyles, Trustee, 

to 

Harvey Chapman. 

Dated 1st Oct., 1877. Recorded Jan. 11th, 1878, 
Liber 232, p. 178. 

Conveys : 

"All that certain tract or parcel of land situated 
on Fisher's Island, in the County of Suffolk and 
State of New York, and bounded and described as 
follows : 

Beginning at the northwest corner of a lot of land 
sold Mrs. Mary Ann Green on the south side of 
Crescent Avenue ; thence south 16° west four hun- 
dred and fifteen feet (415) to the north side of Ave- 
vue B ; thence westerly with the north line of said 
Avenue B ninety feet (90); thence north 16° east 
(parallel with east line of this tract) four hundred 
and fifty-five (455) to Crescent Avenue ; thence with 
the south side of said avenue south 51° east one 
hundred feet (100) to the place of beginning, con- 
taining nine-tenths (-j^-) of an acre of land, be the 
same moi'e or less." 

Covenants 1 and 2 hereinafter returned. 

19. Deed. 

James H. Lyles, Trustee, 

to 
Augustus C. Markham. 
Dated 12th October, 1877. Recorded February 
7th, 1878, Liber 232, p. 508. 



G7 



Conveys : 

" All that certain lot, piece or parcel of land situ- 
ate, lying and being upon Fisher's Island, in the 
County of Suffolk and State of New York, and 
bounded and described as follows : Commencing at 
a point in the centre of a rock marked by a drill 
hole, said drill hole being at the southeast corner of 
said lot and at the intersection of two contemplated 
streets, said streets bounding said lots on three of 
its sides, viz., northerly, southerly and westerly, 
said starting point or drill hole being 30 feet easterly 
of a stake driven into the ground and 40 feet north- 
erly from a boulder near the surface of the ground ; 
thence north eighty-three degrees east one bundled 
and ninety-four feet to its southeast corner; thence 
north thirteen and a half degrees west two hundred 
and thirty-three feet to its northeast corner ; thence 
south eighty degrees west one hundred and eighty- 
nine feet to its northwest corner; thence south 
twelve and a quarter degrees east two hundred and 
twenty-one feet to the point of departure, contain- 
ing one acre of land." 

Covenants 1 and 2 hereinafter returned. 



20. Deed. 

James H. Lyles, Trustee, 

to 

Courtlandt J. Shepard. 

Dated 1st October, 1877. Kecorded 16th Febru- 
ary, 1878, Liber 232, p. 595. 

Conveys : 

" All that certain lot, tract or parcel of land situ- 
ate, lying and being on Fisher's Island, County of 
Suffolk and State of New York, and bounded and 
described as follows, viz. : Beginning at the south- 
east corner at a point in the north line of Avenue 



08 



B and the southwest corner of Harry Chapman's 
lot; thence north 16" east by and with said Chap- 
man's lines (235 ft.) twohundred and thirty -five feet 
to the southeast corner of Mrs. Julia E. Abeel's lot; 
thence north 6-l£° west with said Mrs. Julia E. 
Abeel's lot one hundred and ninety-eight (198) feet 
to its northwest corner; thence south 16° west and 
parallel with the first-mentioned line (199) one hun- 
dred and ninety-nine feet to its intersection with 
Avenue B ; thence south 50^° east and coinciding 
with the north line of Avenue B one hundred and 
nine (109) feet to an angle; thence southeasterly and 
in the line of the street (100) one hundred feet to the 
point of departure. Said boundary lines enclose one 
acre." 
Covenants 1 and 2 hereinafter returned. 



21. Deed. 

James H. Lyles, Trustee, 

to 

Elisha W. Sholes and Alonzo W. 
Sholes. 

Dated 13th August, 1877. Recorded February 
J 6th, 1878, Liber 232, p. 598. 

Conveys : 

"All that certain tract, piece or parcel of land 
situate, lying and being upon Fisher's Island, in the 
County of Suffolk and State of New York, which is 
bounded and described as follows: Commencing at 
the southeasterly corner of the premises hereby 
conveyed at a point marked by a drill hole in a 
large, firm rock, and running thence north fourteen 
and one-quarter degrees east twohundred and forty 
feet to a new road running by and along the beach 
at high water mark ; thence north fifty -three and 
one-half degrees west two hundred and twenty- 
seven feet ; thence south seventeen degrees west 



69 



three hundred feet to a road newly laid out, and 
thence south sixty nine and three-quarter degrees 
east two hundred and twenty-seven feet to the place 
of beginning, containing one and one-third acres or 
thereabouts." 
Covenants 1 and 2 hereinafter returned. 



22. Deed. 

James H. Lyles, Trustee, 

to 

Daniel D. Latham. 

Dated 12th October, 1877. Recorded February 
16th, 1878, Liber 233, p. 1. 

Conveys : 

'"All that certain lot, piece or I'axcel of land 
situate, lying and being upon Fisher's Island, in 
the County of Suffolk and State of New York, and 
bounded and described as follows: Commencing at 
a small rock on the shore visible at ordinary high 
tide, said rock is in the southeastern corner of said 
lot, and is thirty-five feet from the nearest surface 
of a large and high rock easterly therefrom, and also 
forty-two feet from the nearest surface of a still 
larger rock lying on the shore at high tide and 
northwesterly from said point; thence northeasterly 
by and along the shore of the 'Western Harbor,' so 
called, one hundred and seventy-two feet to the 
northerly face of a high rock and sixteen and a half 
feet from another rock in the same direction still 
further on; thence south thirty-eight and a half de- 
grees west ninety -eight feet to a point eighteen feet 
from a large rock lying northerly therefrom. This 
corner of ninety-eight feet marks the easterly side 
of an open passage-way about one rod wide leading 
to the water; thence south eleven degrees west by 
and along said road or passage-way two hundred 
and ten feet to a mere stone; thence south thirty. 



70 



eight and a half degrees east by and along said 
street one hundred and nineteen feet to a mere stone; 
thence north thirty-one and three quarter degrees 
easl three hundred feet to a rock, the point of de- 
parture containing one and TT0 acre of land." 
Covenants 1 and 2 hereinafter returned. 



23. Deed. 

James H. Lyles, Trustee, . 

to 

Horatio Bisbee, Jr. 

Dated 12th October, 1877. Kecorded April 8th, 
1878, Liber 233, p. 564. 

Conveys : 

" All that certain lot, piece or parcel of land 
situate, lying and being upon Fisher's Island, in 
the County of Suffolk and State of New York, and 
bounded and described as follows, viz.: Beginning 
at the northwest corner of a lot sold to Dwight 
Marcy at a stake by the side of a road; thence north 
fifty-three degrees east with the north line of said 
Marcy's lot four hundred and twelve feet (412) to a 
stake by the west side of a proposed road or avenue; 
thence north sixteen and a half degrees west with the 
west side of said road or avenue one hundred and 
fifteen and a half (115£) feet to the northeast corner 
of this tract (a stake marked); thence south fifty- 
three degrees (running parallel with said Marcy's 
north lint') four hundred (400) feet to a stake marked 
off the east side of the aforesaid road; thence south 
eleven and one-quarter degrees east with the east 
line of said road one hundred and nineteen and a 
half (119£) feet to the place of beginning, contain- 
ing one acre, be the same more or less." 

Covenants 1 and 2 hereinafter returned. 



71 



24. Deed. 

James H. Lyles, Trustee, 

to 

Bathsheba E. Barlow. 

Dated 5th March, 1878. Recorded April 8th, 1878, 
Liber 233, p. 571. 

Conveys : 

"All those two certain tracts or parrels of land 
situate, lying and being on Fisher's Island, in the 
County of Suffolk and State of New York, and 
which are bounded and described as follows, viz.: 
The first tract beginning at a point where the south- 
erly boundary line of a tract of land described in 
and conveyed by said party of the first part to said 
party of the second part by deed dated June 28th, 
1877, strikes the shore of the West Harbor, and 
running thence easterly along said southerly bound- 
ary line to the shore of the pond named in said 
deed; thence in a southerly direction along the shore 
of said pond till it meets a line drawn parallel with 
the first course and distant eighty feet southerly 
therefrom; thence westerly along said last-men 
tioned line and parallel with the first course to (lie 
shore of West Harbor, and thence northerly along 
the shore of West Harbor to the point of beginning, 
the second tract beginning at a point where the 
northerly boundary line of the tract described in 
and conveyed by said deed strikes the shore of Wesl 
Harbor, and running thence easterly along said 
northerly boundary line to the shore of said pond; 
thence in a general northerly direction along the 
shore of said pond till it meets a line drawn par- 
allel with the first course and distant one hundred 
and fifty feet northerly therefrom; thence westerly 
along said last-mentioned line and parallel with the 
first course till it meets the shore of West Harbor; 
and thence southerly along the shore of West Har- 
bor to the point of beginning, together with all 



lands lying under water or beyond high-water mark 
to the westerly of the above-described premises and 
lying between the lines aforesaid on a prolongation 
of the same for the distance of two hundred feet 
each into the water of said West Harbor, saving, re- 
serving and excepting, however, the road now pass- 
ing across the aforesaid premises, which is to be and 
remain a public thoroughfare, anything herein con- 
tained to the contrary notwithstanding, subject, 
however, to the rights and control of the people of 
the State of New York into and over the portion 
thereof lying under water as aforesaid. 

Covenant 2 hereinafter returned. 

See also covenant contained in Liber 229, p. 490, 
heretofore returned (attached . 



25. Deed B. and S. 

James H. Lyles, Trustee, 
to 

Edgar A. Smith. 

Dated 27th December, 1877. Recorded 9th May, 
1878, in Liber 234, p. 344. 

Conveys : 

" Witnesseth, that whereas the said party of the 
first part, by deed dated September 1st, 1877, and 
recorded in the office of the Clerk of Suffolk County, 
in Liber of Deeds, page , has heretofore con- 
veyed unto the said party of the second pai-t cer- 
tain land and premises situated on Fisher's Island, 
in the County of Suffolk and State of New York, 
which said lands and premises front upon the beach 
of said island; and whereas it is the desire of the 
said party of the second part to have the sole privi- 
lege to use and enjoy the portion of said beach 
in front of the land so before conveyed; now, there- 
fore, the said party of the first part, for and in con- 
sideration of the sum of one dollar to him in hand 



73 



paid by the said party of the second part at or be- 
fore the ensealing and delivery of these presents, 
the receipt whereof is hereby acknowledged, and in 
the farther consideration of the faithful perform- 
ance of the covenants hereinafter contained on the 
part of the said party of the second part, his heirs 
and assigns, hath granted, bargained and sold, and 
by these presents doth grant, bargain, sell and con 
firm unto the said party of the second pare, his 
heirs and assigns forever, that portion of the beach 
of said Fisher's Island which lies between high- 
water mark and the land lately conveyed to the said 
party of the second part as aforesaid, and the pro- 
longation of the side lines of said land being that 
portion of said beach directly in front of said land, 
together with the right to use and enjoy the said 
portion of said beach and to erect thereon such tem- 
porary structures as may be necessary for bathing 
and boating purposes, but not to erect thereon any 
permanent building nor to build any wharf other 
than such as might be necessary for a pleasure boat, 
and not otherwise." 

See covenants contained in deed in Liber 234, p. 
350, hereinafter returned. 



26. Deed B. and S. 

James H. Lyles, Trustee, 

to 

Mrs. Mary Ann Greene. 

Dated 27th December, 1877. Kecorded 9th May, 
1878, in Liber 234, p. 347. 

Conveys : 

Witnesseth, that whereas the said party of the 
first part, by deed dated October 1st, 1877, ami re 
corded in the office of the Clerk of Suffolk County, 
in Liber of Deeds, page , has heretofore con- 
veyed unto the said party of the second part cer- 



74 



tain land and premises situated on Fisher's Island, 
in the County of Suffolk and State of New York, 
which said lands and premises front upon the beach 
of said island; and whereas it is the desire of the 
said party of the second part to have the sole privi- 
lege to use and enjoy the portion of said beach in 
front of the land so before conveyed; now, there- 
fore, the said party of the first part, for and 
in consideration of the sum of one dollar to 
him in hand paid by the said party of the second 
part at or before the ensealing and delivery of these 
presents, the receipt whereof is hereby acknowleged, 
and in the further consideration of the faithful per- 
formance of the covenants hereinafter contained 
on the part of the said party of the second part, her 
heirs and assigns, hath granted, bargained and sold 
and by these presents doth grant, bargain, sell and 
confirm unto the said party of the second part, her 
heirs and assigns forever, that portion of the beach 
of said Fisher's Island which lies between high- 
water mark and the land lately conveyed to said 
party of the second part as aforesaid, and the pro- 
longation of the side lines of said land, being that 
portion of said beach directly in front of said land, 
together with the right to use and enjoy the said 
portion of said beach and to erect thereon such 
temporary structures as may be necessary for bath- 
ing and boating purposes, but not to erect thereon 
any permanent building, nor to build any wharf 
other than such as might be necessary for a pleasure 
boat, and not otherwise. 

See covenants contained in deed Liber 234, p. 350, 
hereinafter returned. 

27. Deed B & S. 

James H. Lyles, Trustee, 
to 
Harvey Chapman. 
Dated 27th Dec, 1877. Recorded 9th May, 1878, 
Liber 234, p. 350. 



75 



Conveys : 

" Witnessetli, that whereas, the said party of the 
first part, by deed dated October 1st, 1877, and re- 
corded in the office of the Clerk of Suffolk County, 
in Liber of Deeds, page , has heretofore con- 
veyed uuto the said party of the second part certain 
land and premises situated on Fisher's Island, in the 
County of Suffolk and State of New York, which 
said lands and premises front upon the beach of said 
island, and whereas, it is the desire of the said 
party of the second part to have the sole privilege to 
use and enjoy the portion of said beach in front of 
the land so before conveyed; now, therefore, the 
said party of the first part, for and in consideration 
of the sum of one dollar to him in hand paid by the 
said party of the second part at or before the enseal- 
ing and delivery of these presents, the receipt 
whereof is hereby acknowledged, and in the further 
consideration of the faithful performance of the 
covenants hereinafter contained on the part of the 
said party of the second part, his heirs and assigns, 
hath granted, bargained and sold and by these 
presents doth grant, bargain, sell and confirm unto 
the said party of the second part, his heirs and as- 
signs forever, that portion of the beach of said 
Fisher's Island which lies between high-water 
mark and the land lately conveyed to the said party 
of the second part as aforesaid, and the prolonga- 
tion of the side lines of said land, being that portion 
of said beach directly in front of said land, together 
with the right to use and enjoy the said portion of 
said beach and to erect thereon such temporary 
structures as may be necessary for bathing and 
boating purposes, but not to erect thereon any per- 
manent building nor to build any wharf other than 
such as might be necessary for a pleasure boat and 
not otherwise. To have audio told the said ease- 
ment and privilege to the said party of the second 
part, his heirs and assigns forever, as an appurte- 
nance to the land of the said party of the second pari 



76 



so conveyed as aforesaid. And the said party oi' the 
second part, for and in consideration of the convey- 
ance of the above described easement and privilege, 
hath covenanted and agreed and by these presents 
doth for himself, his heirs or assigns, covenant and 
agree to and with the said party of the first part, his 
successors or assigns, that he will not use and enjoy 
the said right of way and privilege in a manner to cre- 
ate a nuisance to the occupants of the adjoining 
lands nor to permit the landing upon any wharf 
built by him as hereinbefore provided of passengers 
from any steam vessel upon which the same shall 
be carried for gain during the next eight years from 
date hereof. And it is mutually agreed and under 
stood between the parties to these presents that the 
breach of any of the covenants herein contained on 
the part of the said party of the second part, his 
heirs or assigns, shall cause the forfeiture of the 
easement and privilege hereby conveyed." 



28. Deed B & S. 

James H. Lyles, Trustee, 

to 

Thomas R. Darrow and Harmon T. Darrow. 

Dated 1st May, 1S77. Recorded 6th June, 1S78, 
Liber 234, p. 569. 

Conveys : 

"All that certain tract of land situate upon said 
Fisher's Island, in said County of Suffolk and Stale 
of New York, which is bounded and described as 
follows : Commencing at a point at the southwest- 
erly corner of premises heretofore conveyed by said 
party of the first part to said party of the second 
part, which corner is near the barn standing on said 
premises formerly conveyed, and running thence 
along the wall now standing south sixteen and one- 
quarter degrees (lt5£°) west eighty-seven (87) feet; 



77 



thence still along said wall south two and one-half 
degrees (24°) west one hundred and fifty-seven (157) 
feet; thence still along said wall south nineteen and 
one-quarter degrees (19i°) west fifty-eight (58) feet; 
and thence north seventy- two and one-quarter de- 
grees (72i°) east five hundred and twenty (520) feet 
to the fence and boundary of said premises formerly 
conveyed to said parties of the second part, and 
thence following the line of the last named premises 
to the aforesaid point and place of beginning, con 
taining one and six-tenths (l T 6 ff ) acres of land, more 
or less. ' ' 
Covenants 1 and 2 hereinafter returned. 



29. Deed, B. & S. 

James H. Lyles, Trustee, 

to 

Elish. W. Sholes and Alonzo 
W. Sholes. 

Dated 13th August, 1877. Recorded 10th June, 
1878, Liber 235, p. 1. 

Conveys : 

"That portion of the beacli of said Fisher's Island 
which lies between high-water mark and the land 
lately conveyed to said party of the second part as 
aforesaid, and the prolongation of the side lines of 
said land, being that portion of said beach directly 
in front of said land, together with the right to use 
and enjoy the said portion of said beach, and to 
erect thereon such temporary structures as may be 
necessary for bathing and boating purposes, but not 
to erect thereon any permanent building nor to 
build any wharf other than such as might be neces- 
sary for a pleasure boat and not otherwise." 

See covenants contained in deed, Lib. 234, p. 350, 
heretofore returned. 



78 

30. Deed. 

James H. Lyles, Trustee, 

to 

Mrs. Julia E. Abeel. 

Dated 1st October, 1877. Recorded 10th June, 
1878, Liber 235, p. 3. 

Conveys : 

" All that certain lot, tract or parcel of land situ- 
ate, lying and being on Fisher's Island, in the 
County of Suffolk and State of New York, and 
bounded and described as follows, viz.: Beginning 
at the northwest corner of a lot sold to Harvey 
Chapman and on the south side of Crescent Avenue; 
thence south 16° west with said Chapman's line to a 
point two hundred and twenty (220) feet from the 
starting point; thence north 64£° west and parallel 
with Crescent Avenue on the front of said lot one 
hundred and ninety-eight (198) feet to the southwest 
corner of said lot; thence north 16° east and parallel 
with the first mentioned side two hundred and 
twenty (220) feet to a point at the intersection with 
the south line of Crescent Avenue; thence south 
(54£° east and parallel with its opposite and southern 
boundary line one hundred and ninety-eight (198) 
feet to the point of departure and coinciding with 
the south line of Crescent Avenue. The above 
boundary lines enclose one acre." 

Covenants 1 and 2 hereinafter returned. 



31. Deed, B. & S. 

James H. Lyles, Trustee, 

to 

Mrs. Julia E. Abeel. 

Dated 1st February, 1878. Recorded loth June, 
1878, Liber 235, p. 5. 



79 



Conveys : 

" That portion of the beach of said Fisher's Island 
which lies between high-water mark and the land 
lately conveyed to said party of the second part 
aforesaid, and the prolongation of the side lines of 
said land, being that portion of said beach directly 
in front of said land, together with the right to use 
and enjoy the said portion of said beach, and to 
erect thereon such temporary structures as may be 
necessary for bathing and boating purposes, but not 
to erect thereon any permanent building, nor to 
build any wharf other than such as might be neces- 
sary for a pleasure boat and not otherwise." 

See covenants contained in deed, Lib. 234, p. 350, 
heretofore returned. 



32. Deed B. and S. 

James H. Lyles, Trustee, 

to 

Court landt 1. Shepard. 

Dated 1st of November, 1877. Recorded June 
10th, 1878, in Liber 235, page 7. 
Conveys : 

" All that certain lot, tract or parcel of land situ- 
ate and lying on Fisher's Island, in the County of 
Suffolk and State of New York, and bounded and 
described as follows, viz. : Beginning on the north- 
west corner of a second lot sold and described 
in a deed from the grantor to C. I. Shepard; 
thence south 16° west with said Shepard' s lot four 
hundred and twenty (420) feet to the north side of 
Avenue B; thence south 73£° west with said Avenue 
B fifty-seven and one-half (57£) feet; thence north 
3£° east four hundred and forty -two (442) feet to the 
south side of Crescent Avenue; thence south 72 
east with the south side of said Crescent Avenue 
one hundred and fifty (150) feet to the place of be- 



80 



ginning, containing one acre of land, be the same 
more or less." 
C( »venants 1 and 2 hereinafter returned. 



33. Deed. 

James H. Lyles, Trustee, 

to 

Courtlandt I. Shepard. 

Dated 1st of November, 1877. Recorded June 
10th, 1878, in Liber 235, page 10. 

Conveys : 

"That portion of the beach of said Fishers 
Island, which lies between high-water mark and the 
land lately conveyed to said party of the second 
part as aforesaid, and the prolongation of the 
side lines of said land, being that portion of 
said beach directly in front of said land, to- 
gether with the right to use and enjoy the said 
portion of said beach and to erect thereon such 
temporary structures as may be necessary for 
bathing and boating purposes, but not to erect 
thereon any permanent building nor to build any 
wharf other than such as might be necessary for a 
pleasure boat and not otherwise." 

See covenants contained in deed, Liber 234, page 
350, heretofore returned. 

34. Deed B. and S. 
James H. Lyles, Trustee, 

to 

Charles L. Richards, James M. 
Meech and Henry L. Parker. 

Dated 4th of November, 1878. Recorded 11th of 
November, 187S, in Liber 237, page 251. 



81 



Conveys : 

' ' All that certain island known as Goose Island, 
situated in Great or West Harbor of Fisher's 
Island." 

Covenants 1 and 2 hereinafter returned. 

Mortgage. 

James H. Lyles, Trustee, 

to 

Florence M. Murdoch. 

Dated 21st of May, 1877. Recorded October 15th, 
1877, in Liber 133, page 313, to secure $1,000. 

Affects : 

"All that certain island lying and being in the 
County of Suffolk and State of New York, called 
Fisher's Island, and the several small islands con- 
tiguous thereto, called the Hommocks or Hammocks, 
saving, excepting and reserving nevertheless there- 
out and therefrom, firstly, each and every part and 
parcel and portion thereof which lias been hereto- 
fore conveyed by the said party of the first part, as 
such trustee as aforesaid, by absolute deed in fee 
simple to any person or persons whatsoever, and in 
like manner saving, excepting and reserving there- 
out and therefrom, secondly, the following described 
premises, viz. : All that portion of said Fisher's 
Island lying and embraced between the two follow- 
ing described lines as distinguished from the re- 
maining portions of the said island lying beyond 
and outside of the said lines, the first of said lines, 
being the northeasterly boundary of the said prem- 
ises, is described as follows : Commencing at the 
easterly shore of said island at a point marked by a 
drill hole in a high rock which is distant eighty 
feet from another rock near the bank and dis- 
tant fifty-seven feet from another large rock 
lying southerly therefrom, the two rocks last 
mentioned being distant from each other sixty-four 



82 



feet and lying together with the first mentioned 
rock about three hundred to five hundred feet 
southerly from a stone fence or wall which is 
laid down on the map or chart of said Fisher's 
Island, and from said point of beginning running in 
a direction north thirty-seven and three-quarter de- 
grees (37f °) west one thousand six hundred and fifty 
(1,650) feet to the edge of woods at the southerly 
side of the meadow belonging to the White House, 
and thence continuing in the same direction the 
further distance of one thousand and fifty (1,050) 
feet through the woods to a point on the shore of 
the West Harbor; the second of said lines, being the 
southwesterly boundary of the said premises, is 
described as follows : Commencing at a point on 
the west bank of the fresh water ice pond at the 
intersection with the road leading from the Durfey 
Meadow to the South Meadow, from which point 
Montauk Light bears south twenty-four and one- 
quarter degrees (24^°) east, the new Race Point 
Light bears south seventy-two and one-quarter de- 
grees (72|°) west, the centre of the United States 
Wrecking Station bears south eighty-one and three- 
quarter degrees (81|°) west, and the centre of Hie 
gateway opening into Durfey Grass Meadow bears 
north seventy and one-half degrees (70£°) east, and 
is sixteen hundred and forty-two feet (1,642) dis- 
tant, and from said point of beginning running in a 
direction north forty-eight and three-quarter de- 
grees (48£°) west three thousand three hundred and 
seventeen (3,317) to a point at the eastern bank of 
Silver Lake, which is marked by a peg or stake 
driven into the ground, and is twenty-live (25) feet 
distant from a loose rock lying northerly therefrom, 
and twenty-one (21) feet and six (6) inches from 
another loose rock lying easterly therefrom, the said 
lines being continued at each extremity in the line 
of the same direction as aforesaid, until it reaches 
the salt water upon the edge of the shore. And in 
like manner saving and excepting and reserving 



83 



thereout and therefrom, thirdly, the following de- 
scribed premises, viz.: Beginning at ;i point upon 
the shore of said island upon the easterly side of the 
West or Great Harbor, which point is designated by 
a mark upon a high rock at the termination of a 
fence now standing at high water mark upon the 
shore aforesaid, and thence running south thirty- 
four degrees (34 c ) east and part of the way through 
a swamp one thousand five hundred and forty -eight 
I 1 ,548) feet to a rock on the northerly side of East- 
ern Point Road, which rock lies four (4) feet distant 
in a westerly direction from another rock; thence 
north forty-nine and one-quarter degrees (49£°) east 
by and along said Eastern Point Road one thousand 
three hundred and sixty (1,360) feet to a point 
marked by a stake driven into the ground; thence 
north fifty-six and one-quarter degrees (56J°) east 
three hundred and forty (340) feet to a drill hole in 
a low permanent rock; thence north thirty-three and 
one-half degrees (33£°) west and in a direct line 
with the direction of the light upon the North Ham- 
mock from the point last mentioned one thousand 
and forty (1,040) feet to a high watermark upon the 
said easterly shore of said West or Great Harbor; 
and thence in a general southwesterly direction fol- 
lowing the variations and curvatures of the said 
shore about one thousand eight hundred (1,800) feet 
to the point or place of beginning, containing 
forty-nine and one-half (49£) acres more or less.. 
But including, nevertheless, in the premises hereby 
conveyed, anything hereinbefore contained to the 
contrary notwithstanding, the main buildings now 
standing upon the premises secondly hereinbefore 
reserved and excepted; and also the tract known as 
the Durfey Grass Meadow, comprising about forty 
and one-half (40£) acres, described as follows : Be- 
ginning at the gate at the southwesterly corner of 
said meadow near the Pump House, at a point lying 
sixteen hundred and forty-two (1,642) feet distant 
from the above-described point of beginning of the 



84 



second or southwesterly line aforesaid, and lying in 
a direction north seventy and one-half degrees (70^°) 
therefrom, and from said point of said gate running 
first by and along the fence south thirty and three- 
quarters degrees (30f °) east one hundred and fifty- 
four (154) feet; thence south eighty-one and one- 
half degrees (814°) east by tide water one thousand 
and forty-six (1,046) feet; thence north twenty and 
one-quarter degrees (20J°) east two hundred and 
eighty-four (284) feet; thence north twenty-eight 
and one-half degrees (28i°) east three hundred and 
forty-five (345) feet to the road; thence along the 
road north sixty-one and three-quarter degrees 
(61f°) west two hundred and twenty-eight (228) 
feet ; thence still along the road north thirty- 
six and one-half degrees (36J°) west one thou- 
sand one hundred and thirty-one (1,131) feet; 
thence south fifty six and one-quarter de- 
grees (56i°) west four hundred and ninety- 
four feet ; thence north thirty-four degrees 
(34 ) west two hundred and seventeen (217) 
feet; thence north seventy-eight and three-quar- 
ter degrees (78f°) west three hundred and fifty 
(350) feet; thence south seventy-nine and one-half 
degrees (79£°) west one hundred (100) feet; thence 
south sixteen degrees (16°) east nine hundred and 
seventy-five (975) feet, and thence south thirty and 
three-quarter degrees (30|°) east three hundred and 
seventy-five (375) feet to the point of beginning, to 
the intent that said main buildings and said Durfey 
Grass Meadow shall not be taken or deemed to be 
in any way embraced or included in the portions of 
said island saved, excepted and reserved as aforesaid 
from the operation of this conveyance, but that the 
same shall pass hereby with like effect as if no such 
exceptions or reservations were contained herein. 
Together with all and singular the tenements, here- 
ditaments and appurtenances thereunto belonging 
or in any wise appertaining, and the reversion and 
reversions, remainder and remainders, rents, issues 



85 



and profits thereof. And all the estate, right, title 
and interest, property possession, claim and demand 
whatsoever as well in law as in equity of the said 
party of the first part of, in or to the above de- 
scribed and hereby granted premises, with the appur- 
tenances, unto the said party of the second part 
and to her heirs and assigns forever, to and for her 
and their sole and separate use, benefit and behoof, 
provided always, and these presents are upon the 
express condition, that if the said party of the first 
pail or his successors shall well and truly pay or 
cause to lie paid unto the said party of the second 
part, her executors, administrators or assigns, the 
just and full sum of one thousand dollars on or 
before the first day of April, in the year one thou- 
sand eight hundred and eighty-one, that then these 
presents and the estate hereby granted shall cease, 
determine and be void. And provided that nothing 
herein contained shall be construed as creating a 
personal liability on the part of said party hereto 
of the first part, his heirs, executors or adminis- 
trators, to pay the said sum of money herein men- 
tioned or any part thereof, it being the intent of 
these presents that the property hereby mortgaged 
shall alone be liable for the amount above named." 

Release. 

Joseph S. Fay, Eliza D. Fox, Eliz- 
abeth A. Hood, Harriet F. Lyles 
and Florence E. Murdoch 

to 

John A. Bowen, George S. Towne, 
Ashbel W. Fitch and Robert H. 
Sherman. 

Dated 1st October, 1878. Recorded Jany. 30th, 
1ST!), Liber 238 of Deeds, p. 3M9, 

Releases the premises hereinafter described from 
four certain mortgages all dated March 30th, 1876, 



86 



made and executed by James H. Lyles and Harriet 
F., his wife, the first to Joseph S. Fay, the second 
to Eliza D. Fox, the third to Elizabeth A. Hood 
and the fourth to Henry H. Parker, who did there- 
after by written assignment duly assign the last 
mentioned Indenture to said Harriet F. Lyles. 

Also from one other mortgage dated the 21st May, 
1877, made and executed by James H. Lyles, trus- 
tee, &c, to Florence E. Murdock. 

All that certain lot, piece or parcel of land situate, 
lying and beinu' on Fisher's Island, in the County 
of Suffolk and State of New York, being situated 
on the east shore of Great Harbor on said island 
several hundred feet northerly of the ice house and 
bounded and described as follows, namely : Begin- 
ning at the northerly corner thereof at a point 
indicated by a drill hole in a rock on the bank at 
high water mark and sixty (60) feet southeasterly 
from a large boulder left high and dry at low water 
and always projecting above high water by three or 
four feet; thence at right angles with the bend of 
the shore and by the magnetic needle south 76|° 
east two hundred and nine (209) feet to a stake 
driven into the ground; thence at right angles to 
the last line and by compass south 13J° west two 
hundred and nine feet to a stake driven into the 
ground; thence at right angles to the last line ami 
parallel to the first line and by compass north 76f° 
west two hundred and nine (209) feet to a drill hole 
in a small rock on the bank at high water mark; 
thence by and along the shore as it runs two hun- 
dred and nine (209) feet more or less to the point or 
place of beginning, said lot containing one acre, be 
the same more or less, and being more fully shown 
and described on a map entitled, " Map of Messrs. 
Bowen & Co., Norwich," mapped and surveyed by 
E. B. Jennings, City Surveyor, New London, 1878, 
and tiled in the office of the Clerk of Suffolk 
County. 



87 



35. Deed, B. & S. 

James H. Lyles, Trustee, &c, 
to 
John A. Bowen, George S. Town*'. 
Ashbel W. Fitch and Robert H. 
Sherman. 
Dated 19th October, 1878. Recorded Jany. 30th, 
1879, Liber 238, p. 394. 
Conveys : 

The premises described in the release last above 
returned. Said deed contains the following cove- 
nants and conditions: And it is hereby covenanted 
and agreed by the parties of the second part. Eor 
themselves, their heirs and assigns, and thisconvey- 
ance is made upon the express condition that all 
such fencing as shall be desired or required for the 
proper enclosure of the premises hereby conveyed 
shall be done by the parties of the second part, their 
heirs or assigns, and no part of the expense thereof 
shall be chargeable to or borne by said party of the 
first part. And the said parties of the second part. 
for and in consideration of the conveyance of the 
above mentioned and described lands and premises 
made by these presents,have covenanted and agreed 
and by these presents do for themselves, their heirs 
and assigns, owning or having at any future time 
any estate, right, title or interest of, in and to the 
above described lands and premises, or any part 
thereof, covenant and agree to and with the said 
party of the first part, his successors and assigns, t hat 
there shall not be erected or allowed to be erected 
or carried on on the premises hereby conveyed, or 
on any of the same, any brewery, distillery, slaugh- 
ter house, or soap, candle, oil. starch, varnish, 
vitriol, glue, ink or turpentine factory, or any fac- 
tory for tanning, dressing or preparing skins, hides 
or leather, or any sugar, bakery or any other dan 



88 



gerous, noxious or offensive establishment or busi- 
ness whatever, and that no part of the land hereby 
conveyed shall be used or occupied for any such 
purpose or purposes, and that the covenants and 
agreements herein contained on the part of the said 
parties of the second part, their heirs and assigns, 
shall run with the land and shall be obligatory upon 
every person and persons, corporation and corpora- 
tions owning the same or having any estate, right, 
title or interest therein that would enable them or 
any of them or either of them to violate any of the 
said covenants and agreements. 



36. Deed, Q. C. 

James H. Lyles, Trustee, &c, 

to 

William A. Hedge. 

Dated October 1st, 1878. Recorded March 18th, 
1879, Liber 239, p. 3G7. 

Conveys : 

All those certain lots, pieces or parcels of land 
situate, lying and being on Fisher's Island, in the 
County of Suffolk and Stat< j of New York, and 
which are known and described as lots number one 
(l),two (2) and three (3) of Section six (6), upon a cer- 
tain map entitled "Map of Lots on Fisher's Island," 
embracing the highland range between the Greai 
Harbor and the Atlantic shore, tiled in the office of 
the clerk of the said County of Suffolk on the 23d 
day of September, 1878, and numbered 339 in said 
office. 

Contains covenants munbered 1 and 2 in deed, 
recorded in Liber 238, p. 394, above returned. 



89 



37. Deed, Q. C. 

James H. Lyles, Trustee, &c, 

to 

Martha E. Hoffart. 

Dated 13th August, 1877. Recorded April 3d, 
1879, Liber 239, p. 591. 
Conveys : 

All that certain tract, piece or parcel of land situ- 
ate, lying and being upon Fisher's Island, in the 
County of Suffolk and State of New York, which is 
bounded and described as follows : Commencing at 
a point in the stone wall upon the northeasterly side 
of the premises hereby conveyed, which point is 
marked by a drill hole in a large rock in said wall, 
and distant fifty feet andthirty-eightfeet respectively 
from drill holes in two other rocks, which last men- 
tioned rocks are sixty-four feet apart from one 
another, and running thence north thirty-three de- 
grees west one hundred and four feet ; thence south 
fifty and one-half degrees west one hundred and 
eighty-one and one-half feet ; thence south thirty- 
seven and one-quarter degrees east two hundred and 
forty-one feet ; thence north fifty and one-half de- 
grees east one hundred and eighty -one and one-half 
feet to the stone wall aforesaid, and thence north 
forty-four degrees west one hundred and thirty-six 
feet along the same to the place of beginning, con- 
taining one acre or thereabouts. 

Covenants 1 and 2 above returned. 

38. Deed, Q. C. 

James H. Lyles, Trustee, &c, 
to 
Martha E. Hoffart. 
Dated 12th October, 1877. Recorded 3d April, 
1879, Liber 239, p. 594. 



90 



Conveys : 

All that certain lot, piece or parcel of land situ- 
ate, lying and being upon Fisher's Island, in the 
County of Suffolk and State of New York, bounded 
and described as follows : Commencing at its north- 
east corner at a mere stone in the southeast corner 
of the one acre lot recently sold to the said Hoffart; 
thence southwesterly in the direction of the pro- 
longation of the easterly side of the said one acre 
lot and by course of compass south fifty and one- 
half degrees west three hundred and twenty-four 
feet to its southeastern corner to a point on the 
northerly side of a contemplated road or street, said 
point being 41 feet from the mere stone marking the 
northwestern corner of Thomas Allen's land and 
the northeastern corner of Mr. Marcy's land at 
their intersection or conjunction, a line connecting 
the mere stone with the southeast corner of the lot 
being described is by coui-se of compass south 36£ 
degrees west and by the vernier 14 degrees 10 min- 
utes; thence north thirty-six and a half degrees 
west two hundred and forty-one feet to its south- 
west corner; thence north fifty and a half degrees 
east and in a line parallel to the first described line 
three hundred and twenty-four feet to its northwest 
corner and intersecting other lands of the said Hof- 
fart; thence south thirty-seven and a quarter de- 
grees east two hundred and forty-one feet to the 
starting point, containing two acres of land. 

Covenants 1 and 2 above referred. 



39. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

Harriet A. Lyles. 

Dated 10th April, 1879. Recorded 12th April, 
1879, in Liber 240, p. 107. 



91 



Conveys : 

All that certain lot, piece or parcel of land sit- 
uate, lying and being on Fisher's Island, in the 
County of Suffolk and State of New York, and 
which is situated and lies between Oriental and Cres- 
cent Avenues and Equestrian Avenue and Athol 
Crescent containing three (3) acres, be the same 
more or less, and which is known and described on 
a certain map entitled " Map of lots on Fisher's 
Island, embracing the Highland Range between the 
Great Harbor and the Atlantic Shore," tiled in the 
office of the Clerk of said County of Suffolk, on 
the twenty-third day of September, eighteen hun- 
dred and seventy-eight, and numbered three hun- 
dred and thirty-nine (339) in said office. 

Covenants 1 and 2 above referred to. 



40. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

Fannie B. Chipman. 

Dated loth April, 1879. Recorded 12th April, 
1879, in Liber 240, p. 109. 

Conveys : 

All those certain lots, pieces or parcels of land 
situate, lying and being on Fisher's Island, in the 
County of Suffolk and State of New York, and 
which are known and described as lots numbers five 
(5) and six (6) of section fourteen (14) upon a cer- 
tain map entitled "Map of lots on Fisher's Island, 
embracing the Highland Range between Great Har- 
bor and the Atlantic Shore," hied in the office of 
the Clerk of the said County of Suffolk, on the 
twenty-third day of September, eighteen hundred 
and seventy-eight, and numbered three hundred 
and thirty-nine (330) in said office. 

Covenants 1 and 2 above inferred to. 



92 



41. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

Maria D. Fay. 

Dated 26th October, 1876. Recorded 23d Septem- 
ber, 1879, in Liber 243, p. 56. 

Conveys : 

All that certain tract of land situate upon Fish- 
ers' s Island, in the County of Suffolk and State of 
New York, which is bounded and described as fol 
lows : Commencing at a point in the centre of the 
Serpentine Road leading to Little Hay Harbor, which 
is distant twenty -five feet in an easterly direction 
from an iron bolt driven into a rock and distant 20 
feet from another iron bolt driven into another rock, 
said iron bolts being distant forty-one feet from 
each other, and the said point of beginning being 
now marked by a stake driven into the ground at 
the centre of Desbrosses Street so called; and run- 
ning thence north 14| degrees w T est five hundred and 
fifteen feet; thence south 61 degrees west two hun- 
dred and forty-seven feet to a point in the bluff and 
two hundred feet further in the same direction to 
the shore of Little Hay Harbor; thence by and 
along with said shore to a point in the south wall 
at the contact of the same with the water; thence 
by and along with the said wall south 75£ degrees 
east three hundred and eighty-eight feet; thence 
north thirteen degrees east five hundred and six 
feet; thence north 47 degrees west one hundred and 
thirty feet to a stake in the eastern side of said 
Desbrosses Street at a point distant twenty-six feet 
from the bolt in the more southerly rock and fifty- 
five feet from the bolt of the more westerly rock 
hereinbefore mentioned; and thence thirty feet to 
the aforesaid point or place of beginning. 

Covenants 1 and 2 above referred to. 



m 



Release. 

Joseph S. Fay, Eliza D. Fox, Eliza- 
beth A. Hood, Harriet F. Lyles, 

to 

Maria D. Fay. 

Dated 26th October, 1876. Recorded 23d Septem- 
ber, 1S79, Liber 243, p. 60. 

Releases premises described in Deed, Liber 243, 
p. 56, from four mortgages, all dated 3()th March, 
1870, and made and executed by James H. Lyles 
and Harriett F., his wife, the first to Joseph S. 
Fay, the second to Eliza D. Fox, the third to Eliza- 
beth A. Hood, and the fourth to Henry H. Parker, 
who did thereafter, by written assignment, duly 
assign the last mentioned indenture to the said 
Harriet F. Lyles. 



42. Deed Q. C. 

James H. Lyles, Trustee, &c, 
to 

James S. Casey and John Reynolds. 

Dated 12th October, 1877. Recorded 25th Sep- 
tember, 1879, Liber 243, p. 126. 

Conveys : 

All that certain lot, piece or parcel of land situ- 
ate, lying and being upon Fisher's Island, in the 
County of Suffolk and State of New York, and 
bounded and described as follows : Commencing at 
its southwest corner at a point which marks the 
southeast corner of "Twin Hill Lot," sold to Col. 
\V. II. Ileiss, thence with the prolongation of the 
southerly line of the said Twin Hill Lot and by the 
same course of the needle, viz., south sixty-eight 
degrees east one hundred and two feet to a stake or 
mere stone; thence north sixty-eight and a half 



94 



degrees east eighty-three feet to a mere stone; thence 
easterly and parallel with the easterly side of said 
Twin Hill Lot and by course of compass north six 
degrees east three hundred and sixty-four feet to a 
point in the south line of a contemplated street run- 
ning nearly at right angles with the line now de- 
scribed; thence northerly along the southerly line of 
said contemplated street and by course of compass 
north eighty-three degrees west one hundred and 
seventy-three feet to the easterly line of the Twin 
Hill Lot; thence by and along the easterly line of 
the Twin Hill Lot and parallel to the easterly line 
of the lot now being described and by course of 
compass south six degrees west three hundred and 
eighty-one feet to the starting point, containing one 
and fifty-four one-hundredths (l T Vb-) of an acre of 
land. 
Covenants 1 and 2 above referred to. 



43. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

George H. Bartlett. 

Dated 25th September, 1878. Recorded 28 th 
February, 1880, Liber 246, p. 318. 

Conveys: 

All that certain lot, piece or parcel of land situate, 
lying and being on Fisher's Island, in the County of 
Suffolk and State of New York, and bounded and 
described as follows, viz. : Commencing at a stake 
or point on the shore at high- water mark at the 
northwest corner of the lot, said stake or point 
being one hundred and three feet southerly from a 
large rock, the apex of which marks the south- 
western corner of lot in possession of Eugene 
Leaheys ; thence south fifteen and a half ( 1 T> J. ) 
degrees east one hundred and thirty-live feet to a 



95 



stake in the west line of Equestrian Avenue and 
two hundred and seventeen and a half (217£) feet 
southerly from the southeast corner of said Leaheys, 
lot ; thence by and along the westerly line of 
Equestrian Avenue and by course of compass 
south sixty-one (61) degrees west one hundred and 
fifty-six feet to its southeast corner at a stake ; 
thence north fifteen and a half (15^) degrees west 
one hundred and eighty feet to a stake in the bluff 
or bank of Little Hay Harbor ; thence by and along 
the shore northerly one hundred and fifty-six feel 
to the starting point, containing T y ff of an acre, 
more or less. 
Covenants 1 and 2 above referred to. 



44. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

George H. Bartlett. 

Dated 5th July, 1879. Recorded 28th Feby., 
1880, Liber 246, p. 322. 

Conveys : 

All that certain lot, piece or parcel of land 
lying and being upon Fisher's Island, in the County 
of Suffolk and State of New York, bounded and 
described as follows, viz. : Commencing at the 
fence in the southwest corner of the parcel of land 
situate upon Equestrian Avenue as sold and con- 
veyed to the said George H. Bartlett under deed 
dated September twenty-tifth, eighteen hundred 
and seventy eight ; thence in a southwesterly direc- 
tion along said avenue six hundred and tift\ six 
feet on a line eighteen feet from the centre of Eques- 
trian Avenue as now built to a mere stone, same 
forming the southwest corner of this lot ; thence 
north sixty degrees west two hundred and seventy- 
seven feet to a mere stone, on the shore of Li l He 



Hay Harbor ; thence following the shore of Little 
Hay Harbor to the westerly corner of the lot here- 
tofore conveyed to said George H. Bartlett, con- 
taining eight acres of land, be the same more or less. 
Covenants and above referred to. 



45. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

George W. Darrow. 

Dated 29th May, 1880. Recorded 5th June, 1880, 
Liber 248, p. 295. 

Conveys : 

All that piece, parcel and tract of land situated 
on Fisher's Island in the County of Suffolk and 
State of New York, bounded and described as 
follows : Beginning at a point formed by the in- 
tersection of the wall fences, at the southwest 
corner of Thomas R. Darrow' s land ; running thence 
along said Darrow' s land north 72£ degrees east 492 
feet ; thence along a lane, south 23 degrees east 
152 feet ; thence south 72J degrees west 569 feet ; 
thence north 54 degrees west 74 feet to a wall ; thence 
along said wall north 30 degrees east 150 feet to 
the point or place of beginning, said tract being 
known as meadow land, and containing two acres 
more or less. And also all that certain piece, 
parcel and tract of land situated on said Fisher's 
Island bounded and described as follows, viz. : Be- 
ginning at a point formed by the intersection of the 
wall fences at the southwest corner of Thomas 
R. Darrow' s land; running thence north 9£ degrees 
east 310 feet to a barnway; thence north 19£ degrees 
east 197 feet to a stake driven into the ground; 
thence north 15^ degrees west 267 feet; thence south 
42J degrees west 531 feet to an angle; thence south 
17£ degrees east 420 feet to an angle; thence south 



97 



54 degrees east 135 feet to a wall; thence along said 
wall north 30 degrees east 150 feet to the point or 
place of beginning, said tract being known as pas- 
ture land and containing four and six-tenths acres, 
mi iiv or less; and also all that certain piece, parcel 
and tract of land situate on said Fisher's Island 
bounded and described as follows : Commencing at 
its southeast coiner at an angle in the westerly side 
of said T. R. Darrow's land and running northeast- 
erly by said wall of said Darrow 106 feet to an 
angle and by course of compass N. 32i east; thence 
north 43° east by and along said wall 221 feet to a 
rock or high- water mark; thence by the water 
northerly 50 feet; thence south 75£° west 284 feet to 
its north corner; thence south 15|° east by and along 
before described land 267 feet to point of beginning, 
containing one and one-tenth acres.''' 
Covenants 1 and 2 above referred to. 



46. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

Dwight Marcy and E. Stevens 
Henry. 

Dated 12th of October, 1877. Recorded 10th of 
July, 1880, Liber 249, p. 40. 
Conveys : 

" All that certain lot, piece or parcel of land sit- 
ate, lying and being upon Fisher's Island, in the' 
County of Suffolk and State of New York, and 
bounded and described as follows : Commencing at 
its southeast corner at a mere stone in the 
southwest corner of a lot of land recently sold to 
Charlotte Augusta Allen and on the northerly side 
of a street or highway leading to the south shore 
and also to Eastern Point; thence at right angles to 
the north line of the street by and along the west- 



98 

erly side and contiguous to the lot of the said Char- 
lotte Augusta Allen and by course of compass north 
fifty-three and a half degrees east four hundred and 
seventeen feet and five inches to a mere stone mark- 
ing the northwest corner of said Charlotte Augusta 
Allen's lot; thence at right angles to the lines de- 
scribed and by course of compass north thirty six 
and a half degrees west by and along the southerly 
side of contemplated street two hundred and ten 
feet to a stake; thence at right angles to said line 
and by course of compass south fifty-three and a 
half degrees west and parallel to the opposite line 
above described four hundred and ten feet to the 
northerly line of said road to Eastern Point; thence 
easterly by and along the line of said street two 
hundred and ten feet to a mere stone, being the 
point of beginning, containing two acres of land." 
Covenants 1 and 2 above referred to. 



47. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

Emma G. Barlow. 

Dated 14th of August, 1880. Recorded October 
6th, 1880, in Liber 250, page 422. 

Conveys : 

" All that certain lot, piece, parcel or tract of land 
with the buildings thereon situate, lying and being 
on Fisher's Island, County of Suffolk and State of 
New York, bounded and described as follows, viz. : 
Beginning at a mere stone at the northwest corner 
of the premises hereby conveyed near the cove, 
and running thence southwesterly along and by 
the cove and south thirty-three and one-half 
degrees west one hundred and seventy feet to a 
point; thence south thirty-six and one half degrees 
east eighty feet to a point in a pond of water; thence 



99 



north fifty-eight and one-half degrees east one hun- 
dred and fifty feet to a point; thence north thirty- 
five and one-half degrees west one hundred and 
fifty- six feet to the point or place of beginning. 
The said parcel containing T %\% of an acre more or 
less." 

Covenants 1 and 2 above referred to. 



48. Agreement. 

James H. Lyles, Trustee, &c, 

with 

George H. Bartlett. 

Dated 10th Sept., 1880. Recorded 8th Oct., 1880, 
Liber 250, p. 507. 

Witnesseth : Whereas, the party of the first 
part, by a certain deed, bearing even date here- 
with, has sold and conveyed to the party of the 
second part certain premises therein described, to- 
gether with one hundred feet of the sand and gravel 
breakwater lying next adjacent to the northeast ex- 
tremity of the said premises; and whereas, it was 
understood and agreed by and between the parties 
thereto and as a part of the consideration for said 
conveyance that the remainder of said breakwater 
(not conveyed by said deed) extending in a north- 
easterly direction and forming the northwesterly 
edge or side of "Little Hay Harbor," should be 
held and enjoyed by the parties hereto as tenants iu 
common, each of one undivided half-part thereof 
and should be kept and maintained in its present 
condition, and without buildings, sheds, fences or 
erections of any kind whatsoever ; now, therefore, 
in consideration of the premises and Ihe sum of one 
dollar to the party of the first part in hand paid by 
the party of the second part, the party of the first 
part has bargained and sold and conveyed, and by 
these presents does bargain, sell and convey to the 



100 



party of the second, part one undivided half-part of 
the above described premises, to have and to hold 
the same to the said party of the second part, his 
heirs and assigns forever. And it is further cove- 
nanted and agreed by and between the parties 
hereto, their successors, heirs or assigns, that they 
will not impair said breakwater in any manner by 
removing the same or any part thereof, or remove 
any of the sand, gravel or stones thereupon, 
and will not erect thereon any buildings, sheds, 
fences, wharfs or erections of any description 
whatever. And it is further agreed and understood 
that this agreement and the covenants therein con- 
tained shall be deemed and held to be covenants 
running with the land, and shall be binding thereon, 
and upon the successors, heirs and assigns of the 
parties hereto. 



49. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

George H. Bartlett. 

Dated 10th Sept., 1880. Recorded 8th Oct., 1880, 
Liber 250, p. 503. 
Conveys : 

All that certain lot, piece or parcel of land situ- 
ate, lying and being on Fisher's Island, in the 
County of Suffolk and State of New York, bounded 
and described as follows: Beginning at a point at the 
centre of a large brown colored boulder on the west 
side of Little Hay Harbor, running thence westerly 
and by course of needle north eighty- six degrees 
west three hundred and eight feet to the easterly 
side of Silver Lake Avenue, and thirty-three feet 
additional (being the width of said avenue to its 
southwest corner; thence north twenty-six and a half 
degrees west four hundred and ninety feet to a rock 



1(11 



embedded in the land at high -water mark on 
The Long Island Sound shore (said rock being thirty- 
six feet north-easterly from a rock called the Crow's 
Rock); thence by and along the shore one hundred 
and forty-three feet to a rock ; thence by and along 
the shore three hundred and twenty feet ; thence by 
and along the shore one hundred and sixty-one 
feet to a stake driven into the ground at high-water 
mark on the sand and gravel breakwater dividing 
and separating the two shores of Long Island Sound 
and Little Hay Harbor; thence southerly by and 
along the westerly shore of Little Hay Harbor six 
hundred and fifty-eight feet to the point or place of 
beginning (at 270 feet it intersects the north side of 
Silver Lake Avenue; at 303 feet it intersects the 
smith side of said avenue; at 658 feet it intersects the 
point of beginning), containing six and eighteen one- 
hundreths acres, more or less, exclusive of Silver 
Lake Avenue. Also one hundred feet of the sand 
and gravel breakwater lying next adjacent to the 
north east extremity of the premises above de- 
scribed. 
Covenants 1 and 2 above referred to. 

Release. 

Elizabeth A. Hood by Jas. H.Lyles, 

Attorney, 

to 

James H. Lyles, Trustee, &c. 

Dated 10th May, 1877. Recorded 28th March, 
1881, Liber of Deeds 253, p. 541. 

Releases the following premises from the mort- 
gage recorded in Liber 127 of Morts., p. 371, and 
above returned. 

All that portion of the island known as Fisher's 
Island, in said County of Suffolk and State of New- 
York, lying and embraced between the two follow ing 
described lines as distinguished from the remaining 



102 



portions of said island, lying beyond and outside 
of the said lines. The first of said lines being the 
northeasterly boundary of the premises hereby 
granted and released is described as follows: 
( 'oininencing on the easterly shore of said island at 
a point marked by a drill-hole in a high rock, which 
is distant eighty feet from another rock near the 
bank and distant fifty-seven feet from another large 
rock lying southerly therefrom, the two rocks last 
mentioned being distant from each other sixty-four 
feet and lying together with the first mentioned 
rock about three hundred to five hundred feet 
southerly from a stone fence or wall, which is laid 
down on the map or chart of said Fishers' Island, 
and from said point of beginning, running in a di- 
rection north thirty-seven and three- quarter (37|°) 
degrees west one thousand six hundred and fifty 
(1,650) feet to the edge of woods at the southerly 
side of the meadow belonging to the White House, 
and thence continuing in the same direction the 
further distance of one thousand and fifty (1,050) 
feet through the woods to a point on the shore of the 
West Harbor. 

The second of said lines being the southwesterly 
boundary of the premises hereby granted and re 
leased is described as follows: Commencing at a 
point on the west bank of the fresh water ice 
pond at its intersection with the road leading from 
the Durfey Meadow to the South Meadow, from 
which point Montauk Light bears south twenty -four 
and one-quarter degrees (24$°) east; the new Race 
Point Light bears south seventy-two and one- 
quarter degrees (72^°) west; the centre of the United 
States Wrecking Station bears south eighty-one and 
three-quarter degrees (81f°) west; and the centre of 
the gateway opening into Durfey Grass Meadow 
bears north seventy and one-half degrees (7()i) east 
and is sixteen hundred and forty-two (1642) feet 
distant and from said point of beginning running 
in a direction north forty-eight and three-quarter 



103 



degrees (48f ) west three thousand three hundred and 
seventeen (3,317) feet to a point at the eastern bank of 
Silver Lake which is marked by a peg or stake 
driven into the ground and is twenty-five (25 ) feet (lis 
tant from a loose rock lying northerly therefrom and 
twenty-one (21) feet and s (6) inches from another 
loose rock lying easterly therefrom, the said line 
being continued at each extremity in the line of the 
same direction as aforesaid until it reaches the salt 
water upon the edge of the shore. Saving and ex- 
cepting and reserving, nevertheless, out of the said 
premises so as aforesaid lying between the two 
lines aforesaid the main buildings now standing 
upon the said premises and the tract known as the 
Dnrfey Grass Meadow, which tract comprises about 
forty and one-half acres (40J) and is described and 
bounded as follows : Commencing at the gate at the 
southwesterly coi'ner of said meadow near the pump- 
house at a point lying sixteen hundred and forty - 
two (1,642) feet distant from the above described 
point of beginning of the second or southwesterly 
line aforesaid, and lying in a direction north seventy 
and one-half degrees (70£°) therefrom, and from 
said point at said gate, running first by and along 
the fence south thirty and three-quarter degrees 
(30f°) east one hundred and fifty-four (154) feet; 
thence south eighty-one and one-half degrees (81£) 
east by tide water one thousand and forty-six 
(1,046) feet; thence north twenty and one-quarter 
degrees (20i°) east two hundred and eighty-four 
(284) feet; thence north twenty-eight and one- 
quarter degrees (28J) east three hundred and forty- 
five (345) feet to the road; thence along the road 
north sixty-one and three-quarter degrees (61f°) 
west two hundred and twenty-eight (228) feet; 
thence still along the road north thirty- six and one 
half degrees (36J°) west one thousand one hundred 
and thirty-one (1,131) feet; thence south fifty six 
and one-quarter degrees (56i°) west four hundred 
and ninety-four (494) feet; thence north thirty-four 



104 



degrees (34°) west two hundred and seventeen feet; 
thence north seventy eight and three-quarter de- 
grees (78f°) west three hundred and fifty (350) feet; 
thence south seventy -nine and one-half degrees (79i°) 
west one hundred (100) feet; thence south sixteen 
degrees (16°) east nine hundred and seventy-five 
(975) feet, and thence south thirty and three-quarter 
degrees (30£- : ) east three hundred and seventy-five 
(375) feet to the point of beginning to the intent 
that the portion of said premises, so as aforesaid 
saved, excepted and reserved shall still remain sub- 
ject to the above said mortgage as heretofore, and 
shall not be embraced in the premises hereby granted 
and released to the said party of the second part. 
Also all that certain other tract of land situate upon 
said Fishers's Island, in the said County of Suffolk 
and State of New York, which is bounded and de- 
scribed as follows : Beginning at a point upon 
the shore of said island upon the easterly 
side of the West or Great Harbor, which point 
is designated by a mark upon a high rock at 
the termination of a fence now standing at high- 
water mark upon the shore aforesaid ; and thence 
running south thirty-four (34°) degrees east and part 
of the way through a swamp one thousand five hun- 
dred and forty-eight (1,548) feet to a rock on the 
northerly side of the Eastern Point Road, which 
rock lies four (4) feet distant in a westerly direction 
from another rock; thence north forty -nine and one- 
quarter degrees (49^°) east by and along the Eastern 
Point Road one thousand three hundred and sixtj 
(1,360) feet to a point marked by a stake driven into 
the ground; thence north fifty-six and one-quarter 
degrees (56^°) east three hundred and forty (340) 
feet to a drill hole in a low permanent rock ; 
thence north thirty- three and one-half degrees 
(33£°) west and in a direct line with the 
direction of the light upon the north Hammock 
fro7ii the point last mentioned one thou 
sand and forty (1,040) feet to high-water mark upon 



105 



the said easterly shore of said West or Great Har- 
bor ; and thence in a general southwesterly direc- 
tion following the variations and curvatures of the 
said shore about one thousand eight hundred (1,800) 
feet to the point or place of beginning, containing 
forty-nine and one-half acres more or less. 

Agreement. 

James H. Lyles, Trustee, &c, 

with 

Fannie B. Chipman. 

Dated 5th Sept., 1881. Recorded 9th Sept., 1881, 
Liber 257, p. 417. 

Agreement to sell the party of the second part 
two certain lots, pieces or parcels of land situate on 
Fisher's Island, County of Suffolk, State of New 
York, known and designated as lots numbers four 
(4) and seven (7) in section fourteen (14) upon a cer- 
tain map entitled, "Map of lots on Fisher's Island, 
including the Highland Range between the Great 
Harbor and the Atlantic shore," tiled in the office of 
the clerk of Suffolk County, State of New York, 
and numbered 339 in said office. 



50. Deed, Q. C. 

James H. Lyles, Trustee, &c, 

to 

Daniel J. Brown. 

Dated 19th August, 1881. Recorded 22d Sept., 
1881, Liber 258, p. 37. 

Conveys : 

All that lot, piece or parcel of land situate, lying 
and being upon Fisher's Island, in the County of 
Suffolk and State of New York, which is knov* a as 
lot No. 10, Section 13, upon a certain map entitled 



100 



"Map of lots on Fisher's Island, embracing the 
Highland Range between Great Harbor and the 
Atlantic shore," filed in the office of the clerk of 
said County of Suffolk, on the 23d day of Septem- 
ber, 1878, and numbered 339 in said office contain- 
ing f and jJ |T acres. 
Covenants 1 and 2 above referred to. 



51. Deed, Q. C. 

James H. Lyles, Trustee, &c, 

to 

Mary A. Wetmore. 

Dated 19th August, 1881. Recorded Sept. 29th, 
1881, Liber 258, p. 100. 

Conveys : 

All that certain parcel, lot or plot of land, to- 
gether with the buildings thereon, bounded and 
described as follows, viz. : Commencing at the 
northerly corner of said lot at a drill hole in a mere 
stone at the southwesterly corner of land owned by 
Alonzo Fones and in the easterly side of Equestrian 
Avenue ; thence southwesterly by and along said 
avenue on its easterly side seventy -nine feet to an 
angle in said avenue ; thence southwesterly by and 
along said avenue, ninety feet to a point, making its 
southwest corner ; thence southeasterly and by the 
magnetic compass in a course south 26|, east two 
hundred and twenty-eight feet passing through as 
near as may be the centre of a woodshed or out- 
house, to a drill hole made in a stone wall ; thence 
northeasterly by and along said wall one hundred 
and sixty -five feet to its northeast corner ; thence 
northerly in a straight line three hundred and rive 
feet to a drill hole in a mere stone, the point of be- 
ginning. The above described premises being on 
Fisher's Island, Suffolk County, State of New York. 

Covenants 1 and 2 above referred to. 



107 



52. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

Louise W. Bowers. 

Dated the 23d Sept., 1881. Recorded 13th Oct., 
1881, Liber 25S, p. 441. 

Conveys: 

All that certain lot, piece or parcel of land situate, 
lying and being on Fisher's Island in the County of 
Suffolk and State of New York, bounded and de- 
scribed as follows, viz. : Beginning at a point twenty- 
live feet northerly from a drill hole in a mere stone 
in the centre of the street called and known as the 
"Appian Way" at an angle in the northern boun- 
dary line of lands formerly owned by Miss Maria 
D. Fay, but now in the possession of Henry Bowers 
and also ten and one-half feet from a drill hole in 
the top of a rock, said point of beginning being at 
the intersection of the northern boundary line of 
said Bower's land and the northerly side of said 
Appian Way ; thence north 78° east by and along 
the Appian Way one hundred and ninety-four feet 
to a point in the north line of said Appian Way ; 
thence north 29° east two hundred and eleven feet 
to a point on the east margin of the pond at high- 
water mark, where the dam of said pond overflows ; 
thence following the contour of the northerly 
margin of said piscatorial pond at high-water mark 
to the fence about five hundred and sixty feet by 
course of margin ; thence north 79° west eighty feet 
to the northest corner of said Bower's land ; thence 
south 14|° east four hundred and ninety feet to (lie 
point or place of beginning, containing 2^ acres. 

Covenants 1 and 2 above referred to, and also the 
following covenant : And the said party of the 
first part hereby forever reserves to himself as such 
trustee, his successors and assigns, and also to the 
beneficiaries under the trust named in the trust 
deed aforesaid, the right to use said pond and the 



108 



water therein, and also to take iish, ice and other 
substances therefrom to the full liberty or extent 
that he or they would have been entitled so to do had 
not this conveyance been made. 

53. Deed, Q. C. 

James H. Lyles, Trustee, &c, 

to 

Harvey Chapman. 

Dated 19th August, 1881. Recorded 18th October, 
1881, Liber 258, p. 498. 

Conveys : 

All that certain lot, piece or parcel of land on 
Fisher's Island, State of New York (Suffolk County), 
together with the cottage aad out-buildings there- 
on, bounded and described as follows : Commenc- 
ing at its southwest corner formed by the intersec- 
tion of Equestrian and Midlothian Avenues ; thence 
easterly by and along Midlothian Avenue one hun- 
dred and forty-one feet to an angle in said avenue ; 
thence easterly by and along said avenue one hun- 
dred and ten feet to a wall ; thence northeastly by 
and along said wall thirty-nine feet to the south- 
east corner of said lot ; thence northwesterly two 
hundred and twenty-eight feet to a point on the 
easterly line of Equestrian Avenue one hundred 
aud eighty feet northerly from the point of de- 
parture ; thence southwesterly by and along the 
easterly side of Equestrian Avenue one hundred 
and eighty feet to the point of beginning. 

Covenants 1 and 2 above referred to. 

54. Deed, Q. C. 

James H. Lyles, Trustee, &c, 

to 

James Freeman Bush. 

Dated 20th Dec, 1880. Recorded 14th Dec, 
1881, Liber 260, p. 157. 



109 



Conveys : 

All that lot, piece or parcel of land situate, 
lying and being on Fisher's Island, County of Suf- 
folk and State of New York, and which is known as 
Lot No. 1, Section 11, upon a certain map entitled, 
"Map of lots on Fisher's Island, embracing the 
Highland Range between the Great Harbor and the 
Atlantic shore," filed in the office of the clerk of 
said County of Suffolk on the (23d) twenty-third day 
of September, eighteen hundred and seventy-eight 
(1878) and numbered 339, in said office. 

Covenants 1 and 2 above referred to. 



55. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

Frances Catharine Hedge. 

Dated 1st May, 1877. Recorded 30th December, 
1881, Liber 260, p. 404. 

Conveys : 

All that certain tract of land situate upon said 
Fisher's Island, in said County of Suffolk and State 
of New York, which is bounded and described as 
follows : All that certain peninsular of land which 
runs out into the West or Great Harbor, and is sur- 
rounded on all sides by the waters of said harbor, 
excepting only where it is connected with the main- 
land of said island by a narrow strip of land, and 
upon the said strip of land the premises hereby 
described and conveyed are bounded on the easterly 
side by aline running from water to water, as fol- 
lows: Commencing at a point on the southerly 
shore thereof on a hard ridge of land, which poinl 
is distant thirty-three (33) feet in an easterly direc 
tion from a huge rock, and running thence due 
north in a straight line along and upon said ridge 
two hundred and thirty (230) feet to the northerly 



110 



shore thereof at a point distant eighty-one feet in a 
westerly direction from another large rock. 
Covenants 1 and 2 above referred to. 



56. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

William A. Hedge. 

Dated 1st October, 1878. Recorded December 
30th, 1881, Liber 260, p. 408. 

Conveys : 

All those certain lots, pieces or parcels of land 
situate, lying and being on Fisher's Island, in the 
County of Suffolk and State of New York, and 
which are known and described as lots numbers one 
(1), two (2) and three (3) of section six (6), upon a 
certain map entitled, "Map of lots on Fisher's 
Island, embracing the Highland Range between the 
Great Harbor and the Atlantic shore," filed in the 
office of the Clerk of the said County of Suffolk on 
the 23d day of September, 1878, and numbered 389 
in said office. 

Covenants 1 and 2 above referred to. 



57. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

James Walker. 

Dated 10th March, 1882. Recorded 24th March, 
1882, Liber 262, p. 547. 

Conveys : 

All that certain lot, piece or parcel of land situ- 
ate, lying and being on Fisher's Island, Suffolk 
County, State of New York, bounded and described 



Ill 



as follows : Commencing at a point at high-water 
mark on the north shore of Fisher's Island on 
Fisher's Island Sound; thence in a southwesterly 
direction by and along the east side of Avenue A 
one hundred and ninety (190) feet to a mere stone; 
thence in a southeasterly direction four hundred 
and thirty-two (432) feet to a mere stone; thence in 
a northeasterly direction one hundred and ninety- 
two feet (192) to high-water mark on the shore; 
thence northerly by and along said shore four hun- 
dred and fifty feet to the point of beginning. 
Covenants 1 and 2 above referred to. 



15. Agreement. 

James H. Lyles, Trustee, &c, 
with 

Be Witt C. Sage. 

Dated 22d February, 1882. Recorded 29th March, 
1882, Liber 263, p. 7. 

Agreement wherein and whereby the agreement 
of May 22d, 1877, is amended, altered and modified 
as follows : 

The said party of the second part remises, releases 
and forever discharges the said James H. Lyles as 
such trustee and all the lands which were of said 
Lyles as such trustee on said twenty-second day of 
May from the operation and effect of said agreement 
of May 22d, 1877, above recited, except so far as 
said agreement effects and is a lien and incum- 
brance on the following described lands and prem- 
ises upon which said agreement as hereinafter 
altered, limited and modified shall continue in full 
force and effect : All that certain lot, piece or parcel 
of land lying and being on Fisher's Island, in the 
County of Suffolk and State of New York, bounded 
and described as follows, viz.: Commencing at a 
drill hole in a rock marking the southeast corner of 



112 



a lot containing the brickyard formerly sold to 
DeWitt C. Sage and now in his possession, said 
rock being on the west side of Oriental Avenue; 
thence south 7|° east thirteen hundred and eighty 
feet to a mere stone; thence south 37£° west thirteen 
hundred and fifty-nine feet to a point on the bluff 
of Isabella Beach; thence north 25f° west fifteen 
hundred and twenty feet to a drill hole on top of a 
conical rock, said rock marking the southwest cor- 
ner of said brickyard lot being on the west line of 
Oriental Avenue; thence north 49^° east by and 
along the east line of said brickyard lot thirteen 
hundred and sixty feet; thence north 56J° east by 
and along the west line of said brickyard lot three 
hundred and forty feet to the point or place of 
beginning, containing 44^ acres of land, or how- 
ever otherwise bounded, measured or described. 
Being the same premises described in a certain 
Indenture of Release, bearing date the nineteenth 
day of January, A. D. 1882, made by Joseph S. 
Fay and others to said James H. Lyles, trustee, &c. 
Reserving to himself the same lights and privileges 
of using the waters in the pond through which the 
eastern boundary line of said above described lands 
passes that he had under said agreement of May 
22d, 1877. And the said James H. Lyles as trustee 
covenants and agrees that the aforesaid tract of land 
is now free and clear from all incumbrances. And 
he further covenants and agrees that the said De 
Witt C Sage shall have and enjoy the right, ease- 
ment and privilege in the lands aforesaid exclusively. 
And that he will not sell or otherwise dispose of 
any portion of the land aforesaid in such manner 
as to interfere with or prevent The full enjoyment 
by the said De Witt C. Sage of the aforesaid right, 
easement and privilege. And he further covenants 
and agrees that if said Sage shall maintain machin- 
ery sufficient to manufacture five million bricks per 
year he shall not be required to manufacture any 
greater number than he shall deem expedient, ami 



113 

that a royalty of ten cents per thousand shall be 
required only upon the number actually manufac- 
tured and sold, which said royalty shall be accounted 
for and paid in the manner and at the times men 
tioned in the said agreement of May 22d, 1877. It 
is understood, covenanted and agreed between the 
parties hereto that each is discharged from any and 
all covenants, conditions and provisions of the said 
agreement of May 22d, 1877, not herein expressly 
recognized. And it is further agreed between the 
parties hereto that this agreement and all provisions 
hereof shall inure to the benefit of and be binding 
upon the heirs, executors, administrators and 
assigns of Sage, and the executors and assigns of 
said Lyles as such trustee, and that Oriental Avenue 
aforesaid is to exist as hitherto. 



58. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

De Witt C. Sage. 

Dated 25th February, 1882. Recorded 29th March, 
1882, Liber 263, p. 11. 

Conveys : 

All that parcel of land on Fisher s Island, in the 
County of Suffolk and State of New York, called 
the Sand Bank, bounded and described as follows. 
to wit : Commencing at the southeast corner of said 
lot at a point marked by a stake and stones, said 
point is located by the following bearings ami 
measurements : First, measure from said point fifty- 
five and one-half feet to a drill hole in the apex of a 
large, high rock, the bearing to which is 1 >y the course 
of compass S. 28i° E.; second, measure from said 
starting point eighty-three feet to a drill hole in the 
apex of a large, high rock, the bearing to which by 
course of compass is N. 53|° E. ; thence from said 



114 



stake and stones as the starting point N. 28^° W. 
two hundred and forty-nine and one-half feet to a 
wild cherry tree; thence N. 42° W. two hundred 
and four feet to a stake at high-water mark, said 
stake being north of the north side of a high boul- 
der lying at high-water mark and distant therefrom 
thirty feet; thence southerly by and along the shore 
four hundred and eighty -four feet to a stake and 
stone at high-water mark; thence N. 8S£° E. two 
hundred and four feet to a stake and stones; thence 
N. 76|° E. (244 feet) two hundred and forty-four 
feet to the point of beginning; said lot contains two 
and one-quarter acres. It is understood and agreed 
that on, beyond and adjoining the southerly and 
easterly sides of said lot a strip of land shall remain 
for a road or passage way two rods wide, from the 
water to the first angle, a distance of two hundred 
and four feet, and from the said angle to the point 
of beginning two rods wide at the angle, and ter- 
minating at the starting point with a width of 55* 
feet, for the use and purposes of a passage way or 
road for the mutual benefit and use of said grantor 
and grantee. Furthermore, it is agreed and pro- 
vided that the said grantee may use the road or 
passage way leading from the termination of the 
last-described strip of land across the grantor's land 
to the barway opening into the said grantee's land 
known as the "Brick Yard" fifty acre lot, the 
course of bearing of said passage way is N. 48-£° E. 
Furthermore, it is agreed and provided that the 
said grantee may at his own expense build another 
road across the land of said grantor and use the 
same to pass to and from "the sand bank" herein 
conveyed to a convenient point on said road or cart 
path last described, provided said grantee shall build 
the same within a year from the date of this inden- 
ture and not obstruct thereby any necessary drain- 
age; and it is further agreed that the said grantee 
shall have the privilege of working or improving 
either of the above-named roads, and for that pur- 



115 



pose may remove such earth and rock thereon as 
may best suit his convenience. 

Covenants 1 and 2 above referred to. 

59. Deed Q. C. 
James H. Lyles, Trustee, &c, 

to 

William D. True. 

Dated May 1st, 1882. Recorded 15th August, 
1882, Liber 266, p. 427. 

Conveys : 

All those certain lots, pieces or parcels of land 
situate, lying and being on Fisher's Island, in the 
County of Suffolk and State of New York, and 
which are known as lots numbers seven, eight and 
thirteen in Section Thirteen upon a certain map 
entitled "Map of Lots on Fisher's Island, embrac- 
ing the Highland Range between the Great Harbor 
and the Atlantic shore," filed in the office of the 
clerk of said County of Suffolk on the 23d day of 
September, 1878, and numbered 339 in said office. 
Saving and reserving a right of way across lot No. 
Thirteen at its most southern point (as it appears on 
map filed as above), which is described as follows : 
Commencing at the southern point of Lot No. Thir- 
teen (Section Thirteen) ; thence in a northwesterly 
direction ten feet along lot No. Six ; thence easterly 
to Middlestead Avenue ; thence in a southerly 
direction ten feet to the point of beginning. 

60. Deed, Q. C. 

James H. Lyles, Trustee, &c, 

to 

Henry Bowers and George H. Bartlett. 

Dated 18th November, 1882. Recorded 20th 
November, 1882, Liber 269, p. 266. 



116 



Conveys : 

All that parcel of land situate, lying and being on 
Fisher's Island, in the County of Suffolk and State 
of New York, bounded and described as follows : 
Commencing at its northwestern corner on the 
southerly line of Equestrian Avenue at a mere stone 
set in the ground forty feet distant from the 
opposite wall at its termination at the gate which 
opens into "Press Barn Lot"; thence by and along 
the fence and by course of compass south fifty-eight 
and a half (58£) degrees east eleven hundred and 
twenty-live feet to a mere stone set in the ground ; 
thence south seventy-two and a half (72-J degrees 
east eighty-three feet to a mere stone set on the mar- 
gin of the ice pond at termination of the fence ; 
thence south sixty-six and a half (66|°) degrees east 
seven hundred feet across the pond to a mere stone 
set in the ground near the margin of the pond at its 
eastern side ; thence north eighty- six (86°) degrees 
east four hundred and fifty feet to a mere stone set 
in the ground by the " Durfee Meadow" wall; 
thence north thirty-one (31°) degrees west three 
hundred and sixty (360) feet to an angle in the wall; 
thence north fifteen and three-quarter (lSf) degrees 
west thirteen hundred and seventy feet to a mere 
stone at the intersection with the west side of 
Heatherlie Avenue ; thence by and along the west- 
erly side of said avenue and by course of compass 
four and a half (4£) degrees west three hundred and 
twenty feet to a mere stone at the intersection of 
Halcyon Avenue, being thirty-three (33) feet from 
the wall ; thence north fifty-three and a half (53i°) 
degrees west by and along Halcyon Avenue two 
hundred and forty- four feet to a mere stone set in 
i he ground at the intersection of Equestrian Avenue ; 
thence by and along the southerly side of Equestrian 
Avenue at all points twenty feet southerly from the 
centre of the present carriageway to the point of be- 
ginning, excepting the last two hundred feet, the 
first point of which is twenty feet from the centre of 



117 



said carriageway and at its western end forty feet 
from the abutment of wall on the northern side of 
said avenue, containing tifty five and one-quarter 
(55J) acres of land, be the same more or less. And 
also all that certain lot, piece orparcel of land situ- 
ate, lying and being on said Fisher's Island, in the 
County of Suffolk and State of New York, bounded 
and described as follows : Commencing at a point 
on the southerly boundary line of the lands above 
described, distant four hundred (400) feet westerly 
from the southeasterly corner of said lands, and 
running thence westerly along said boundary line 
one hundred (100) feet; thence south to the low 
water mark of the ocean; thence easterly along said 
low water mark to a point in a line drawn from said 
point of beginning at right angles with said south- 
erly boundary line; thence northerly to the point or 
place of beginning, reserving, however, a right of 
way through said last-mentioned lands not more 
than thirty feet in width, and running parallel to 
the beach, and to border on its northerly side on the 
pond through which the southeasterly boundary 
line of the lands first above described runs. 
Covenants 1 and 2 above referred to. 



61 Deed Q. C. 

James H. Lyles, Trustee, &c, 
to 

James Walker. 

Dated 16th June, 1882. Recorded 9th Dec'r, 1882, 
Liber 269, p. 548. 

Conveys : 

All that certain lot, piece or parcel of land .situ- 
ate, lying and being on Fisher's Island, in the 
County of Suffolk and State of New York, bounded 
and described as follows: Commencing at the south 
west corner (on Avenue C) of a plot of land hereto- 



118 



fore conveyed to James Walker; thence by and 
along the west side of said lot north 13|° E. (385) 
three hundred and eighty-five feet to Avenue B 
(this forming its easterly boundary); thence west- 
erly following the line of Avenue B (77) seventy- 
seven feet; thence in a southerly direction (383 feet) 
three hundred and eighty-three feet to Avenue C; 
thence easterly by and along Avenue C seven (7) 
feet to point of beginning. 
Covenants 1 and 2 above referred to. 



62 Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

Martha E. Hoffert. 

Dated 7th June, 1881. Recorded 21st Dec'r, 1882, 
Liber 270, p. 96. 

Conveys : 

All that certain lot, piece or parcel of land situate, 
lying and being upon Fisher's Island, in the County 
of Suffolk and State of New York, bounded and de- 
scribed as follows : Commencing at the intersection 
of the north line of Montauk Avenue and the east 
line of Vulcan Avenue on the southwest corner of 
a large high rock; thence north forty-four degrees 
east by the east side of Vulcan Avenue eighty-six 
feet to high water mark of " Great Eastern Harbor,'' 
so called; thence easterly along the water front one 
hundred feet to a stone wall; thence by and along 
said stone wall south nine and a quarter degrees 
east fifty-seven feet; thence by said wall south five 
and a half degrees west one hundred and sixty feet 
to its southeast corner; thence south fifty-one and a 
half degrees west along the boundary line between 
said lot and land of Hoff art's one hundred and 
twenty feel to its intersection with the north line of 
Montauk Avenue ; thence north nineteen and a 



119 



quarter degrees west along said avenue two hun- 
dred and seventy-two feet to the point of beginning, 
containing eight-tenths ( T 8 T ) of an acre, be the same 
more or less. 
Covenants 1 and 2 above referred to. 



63 Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

Miss Sarah Wolcott. 

Dated 8th September, 1882. Recorded 26th Jany., 
1883, Liber 271, p. 109. 

Conveys : 

All that lot, piece or parcel of land situate, lying 
and being on Fisher's Island, in the County of Suf- 
folk and State of New York, and which is known 
as lot number three (3), section ten (10), upon a cer- 
tain map entitled "Map of lots on Fisher's Island, 
embracing the Highland Range between the Great 
Harbor and the Atlantic shore,'' filed in the office 
of the Clerk of said County of Suffolk 23d September, 
1878, and numbered 339 in said office. 

Covenants 1 and 2 above referred to. 



64. Deed, Q. C. 

James H. Lyles, Trustee, &c, 

to 

James Walker and Paul B. Greene. 

Dated 2d April, 1883. Recorded 14th April, 1883, 
Liber 273, p. 224. 

Conveys : 

All that certain lot, piece or parcel of land situ- 
ate, lying and being on Fisher's Island, in the 



120 



County of Suffolk and State of New York, bounded 
and described as follows : Commencing on Aveuue 
A at the southwest corner of the lot of land con- 
veyed to James Walker on March tenth, in the year 
eighteen hundred and eighty-two, said corner being 
marked by a drill hole in a rock, said rock being 
one hundred and ninety feet f com high-water mark 
on the north shore of Fisher's Island and said 
Avenue A, the westerly boundary of lot heretofore 
conveyed as above; thence southwesterly by and along 
the east side of Avenue A fifty feet to a mere stone, 
said stone marking the northwesterly corner of the 
lot herein conveyed; thence southwesterly by and 
along the easterly line of said avenue one hundred 
and fifty feet to a mere stone; thence south 69' east 
hi ur hundred and sixteen feet to the southwest 
corner of said lot; thence at right angles to said line 
and north 21° east one hundred and fifty feet to the 
southerly line of a new street called Greene Avenue; 
thence north 69° west by and along said Greene 
Avenue and parallel with the southerly line of said 
lot herein conveyed four hundred and two feet to 
the northwest corner, the point of beginning, said 
lot containing one and forty-one one-hundreths^Vjj) 
of an acre. 
Covenants 1 and 2 above referred to. 



65. Deed, Q. C. 

James H. Lyles, Trustee, &c, 

to 

Fannie B. Chipman. 

Dated 4th Sept., 1883. Recorded 5th Sept., 1883, 
Liber 276, p. 234. 

Conveys : 

All those certain pieces or parcels of land situate, 
lying and being on Fisher's Island, County of Suf- 
folk and State of New York, known and designated 



121 



as lots numbers four (4) and seven (7), section (14) 
fourteen, upon a certain map entitled "Map of lots 
on Fisher's Island, including the Highland Range 
between the Great Harbor and the Atlantic shore," 
filed in the office of the Clerk of Suffolk County, 
State of New York, on the 23d day of September, 
1878, and numbered 339 in said office. 
Covenants 1 and 2 above referred to. 



66. Deed, Q. C. 

James H. Lyles, Trustee, &c, 

to 

Edward A. Seccomb. 

Dated 8th October, 1883. Recorded 24th October, 
1883, Liber 277, p. 242. 

Conveys: 

All those certain lots, pieces or parcels of land 
situate, lying and being on Fisher's Island. County 
of Suffolk and State of New York, shown and desig- 
nated as lots numbered one (1) two (2) and three (3), 
section fourteen, on a certain map entitled "Map 
of lots on Fisher's Island, embracing the Highland 
Range between the Great Harbor and Atlantic 
shore," filed in the office of the Clerk of the County 
of Suffolk, State of New York, on the 23d day of 
September, eighteen hundred and seventy-eight, 
and numbered 339 in said office, bounded and de- 
scribed as follows : Beginning at the southeasterly 
corner of Halcyon and Heatherlie Avenues, and run- 
ning thence southerly along Heatherlie Avenue four 
hundred and ten (410) feet; thence easterly two 
hundred and sixty (260) feet to the westerly side of 
Halcyon Avenue, and thence northwesterly along 
said westerly side of Halcyon Avenue four hundred 
and nineteen (419) feet to the point or place of be- 
ginning. 

Covenants 1 and 2 above referred to. 



122 



67. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

Philip R. Elswortk. 

Dated 15th of October, 1883. Recorded 17th of 
December, 1883, in Liber 277, page 578. 

Conveys : 

" All that certain piece or parcel of land situated 
lying or being on Fisher's Island, County of Suf- 
folk, State of New York, bounded and described as 
follows : Beginning at the southeasterly corner of 
said lot at a mere stone set in the ground with a 
drill hole on the top surface marking the intersec- 
tion of the westerly line of Bartlett Avenue, so 
called, with the southerly line of said lot, said mere 
stone being fifty-eight (58) feet from a second mere 
stone set in the fence, which said west line of Bart- 
lett Avenue would strike if produced southerly fifty- 
eight feet (58); said point of beginning is further 
described as being three hundred and seven (307) 
feet southerly from the first angle on the west line 
of said Bartlett Avenue, which angle is three hun- 
dred and seven feet northerly from said point of be- 
ginning; thence northerly by and along the west 
line of Bartlett Avenue one hundred and three feet 
(103) to the northeast corner of said lot and by the 
course of compass N. 14f° east; thence westerly by 
and along the northerly line of said lot and by the 
course of compass N. 88° west two hundred and 
seventy-one feet (271) to high- water mark; thence 
southerly by and along the shore to the southern 
line of said lot, said southern line being parallel 
with its northern side and one hundred feet there- 
from when measured at right angles thereto, and is 
in length two hundred and forty feet (240) from 
high-water mark to the point of beginning. 

Covenants 1 and 2 above referred to. 



J 23 



68. Deed Q. C. 
James H. Lyles, Trustee, &c, 

to 
Patrick J. Webb. 

Dated 7th of December, 1883. Recorded 19th of 
December, 1883, in Liber 278, page 378. 

Conveys : 

"All that certain piece or parcel of land situate 
and lying on Fisher's Island, County of Suffolk, 
State of New York, bounded and described as fol- 
lows : Beginning at a mere stone at the N. W. cor- 
ner of said land at a point near the sheep gate, so 
called, being on Oriental Avenue and twenty (20) 
feet southerly from its centre and contiguous to the 
fence wall on its western side; thence by and along 
said wall on its westerly side and by compass S. 
13|° E. six hundred and fifty-seven (657) feet to a 
point in the wall, said line running its entire length 
in close proximity to a wall on the westerly side, so 
as to include the wall in the land herein conveyed; 
thence at right angles to said wall and by compass E. 
13£° N. four hundred and twenty (420) feet to a 
mere stone; thence N. 134/ W. sixty-six (66) feet to a 
mere stone, said point being twenty (20) feet south- 
erly from the centre of Oriental Avenue; thence by 
and along Oriental Avenue twenty feet from its 
centre by and along its southerly and westerly side 
to the point of beginning. The above encloses four 
acres, be the same more or less. 

Covenants 1 and 2 above referred to. 

69. Deed Q. C. 

James H. Lyles, Trustee, &c, 

to 

Susan P. Tucker. 

Dated 12th Nov., 1883. Recorded 14th Jan., 1884, 
Liber 279, p. 48. 



124 



Conveys : 

All that certain piece or parcel of land situate 
and lying on Fisher's Island, County of Suffolk, 
State of New York, bounded and described as fol- 
lows : Beginning at the corner of the wall where it 
touches Halcyon Avenue, being the southwest cor- 
ner of land owned by D. J. Brown; thence northerly 
in line of wall one hundred and seventy-four (174) 
feet to the line of Equestrian Avenue; thence 
westerly on a line of said avenue one hundred 
and sixty-six (166) feet to the intersection of 
Equestrian and Halcyon Avenues ; thence south- 
easterly one hundred and seventy-eight (178) feet 
along the line of Halcyon Avenue to the point 
of beginning, containing forty-eight (48) square 
rods or three-tenths (^) of an acre. 

Covenants 1 and 2 above referred to. 



Deed Q. C. 

James H. Lyles,. Trustee, &c, 

to 

Allison Sears. 

Dated 7th Dec, 1883. Recorded 26th March, 1884, 
Liber 280, p. 382. 

Conveys : 

All that certain piece or parcel of land situate 
and lying on Fisher's Island, County of Suffolk, 
State of New York, bounded and described as fol- 
lows : Beginning at a mere stone twenty feet south 
from the centre of Oriental Avenue and adjoining 
the land heretofore conveyed to Patrick J. Webb ; 
thence southerly 13^° east sixty-six (66) feet to a 
mere stone adjacent to the land of Patrick J. 
Webb; thence west 13 \° south four hundred and 
twenty (420) feet to a point in the wall on its west- 



125 



erly side; thence south 2i° west on the westerly 
side of said wall two hand red and seventy -seven 
feet to a mere stone; thence at right angles to said 
line east 2£° north six hundred and thirty-five (635) 
feet to a mere stone; thence at right angles to said 
line and by compass north 2$° west four hundred 
and twenty-one (421) feet to a mere stone twenty 
(20) feet southerly from the centre of Oriental 
Avenue; thence by and along said avenue and 
twenty (20) feet from its centre two hundred and 
two (202) feet to the point of beginning. The above 
encloses live acres, be the same more or less. 

Covenants 1 and 2 above referred to. 

Also, and the said party of the second part, for 
and in consideration of the conveyance of the 
above mentioned and described lands and premises 
made by these presents, has covenanted and agreed 
and by these presents does for his heirs and assigns 
owning or having at any future time any estate, 
right, title or interest of, in and to the above de- 
scribed lands and premises or any part thereof, 
covenant and agree to and with the said party of 
the first part, his successors and assigns, that there 
shall not be sold or allowed to be sold on the 
premises hereby conveyed, or any part of the same, 
any gin, whiskey, brandy, wine, beer, ale, porter 
or intoxicating liquors of any kind whatsoever ; 
and that no part of the land hereby conveyed 
shall be used for any such purpose or purposes, and 
that the covenants and agreements herein contained 
on the part of the said party of the second part, his 
heirs and assigns, shall run with thelandand shall be 
obligatory on every person and persons, corpora 
tion and corporations, owning the same or having 
any estate, right, title or interest therein that 
would enable them, or any of them, or either of 
them, to violate any of the said covenants or agree- 
ments. 



126 



71. DeedQ. C. 

James H. Lyles, Trustee, &c, 
to 

Elisha W. Sholes and Alonzo W. 

Sholes. 

Dated 12th June, 1878. Recorded 15th April, 
1884, Liber 280, p. 569. 

Conveys : 

All that certain lot, tract or parcel of land situ- 
ate and lying on Fisher's Island, in the County of 
Suffolk and State of New York, bounded and de- 
scribed as follows, viz.: Beginning at the south 
(south) east corner of the land sold and described in 
the deed dated August thirteenth, eighteen hundred 
and seventy-seven, from the grantor to Elisha \V. 
and Alonzo W. Sholes; thence along Avenue B 
sixty-two feet on the east by Avenue A two hundred 
and forty feet on the north by Circuit Avenue 
sixty-four feet on the west, two hundred and forty 
feet, adjoining the land previously conveyed said 
Sholes, containing -ftfc of an acre, be the same more 
or less. 

Covenants 1 and 2 above referred to. 



72. Deed. 

James H. Lyles, Trustee, &c, 

to 

Elish. W. Sholes and Alonzo W. 
Sholes. 

Dated 13th August, 1877. Recorded 17th April, 
1884, Liber 281, p. 15. 

Conveys : 

That portion of the beach of said Fisher's Island 
winch lies between high- water mark and the land 
lately conveyed to said party of the second part as 



127 

aforesaid, and the prolongation of the side lines of 
said land, being that portion of said beach directly 
in front of said land. 

See covenants contained in Deed, Liber 234, p. 350, 
heretofore returned. 

73. Dked. 

James H. Lyles, Trustee, &c, 

to 

Elish. . W. Sholes and Alonzo W. 
Sholes. 

Dated 12th June, 1878. Recorded 17th April, 
1884, Liber 281, p. 18. 

Conveys : 

That portion of the beach of said Fisher's Island 
which lies between high-water mark and the land 
lately conveyed to said party of the second part as 
aforesaid, and the prolongation of the side lines of 
said land, being that portion of said beach directly 
in front of said land. 

See covenants contained in Liber 234, p. 350, here- 
tofore returned. 



74. Deed B. & S. 

James H. Lyles, Trustee, &c, 

to 

Napoleon Fontaine. 

Dated 10th June, 1884. Recorded 30th June, 
1884, Liber 282, p. 345. 

Conveys : 

All that certain lot, piece or parcel of land lying 
and being on Fisher's Island, in the County of Suf- 
folk and State of New York, bounded and de- 
scribed as follows : Commencing on the north side 
of the sheep gate (so called) on Oriental Avenue 



12S 



thirty (30) feet from its centre and fifty feet from 
the northwest corner of land now owned by 
P. J. Webb, and thence northerly in a line of 
the wall between lot ~No. 6, section nine (9), so 
known, on a certain map entitled "Map of lots 
on Fisher's Island, embracing the Highland Range 
between the Great Harbor and the Atlantic shore, 
filed in the office of the Clerk of Suffolk County on 
the twenty-third day of September, eighteen hun- 
dred and seventy-eight, and what is known as the 
Brick Yard Pasture, and on the western side of said 
wall so as to include it, two hundred (200) feet to 
the shore of Great Harbor at high-water mark; 
thence easterly on the line of the shore at high- 
water mark until it meets a point at right angles to 
the first-named line and one hundred and forty-four 
feet from it; thence southerly two hundred and 
seventy feet on a line parallel to the first-named line 
to a point thirty (30) from the centre of Oriental 
Avenue; thence westerly by and along said avenue 
and thirty feet from its centre to the point of be- 
ginning, said lot containing one hundred and twenty- 
five square rods, be the same more or less. 
Covenants 1, 2 and 4 above referred to. 

75. Deed B. and S. 

James H. Lyles, Trustee, &c, 

to 

Henry Bowers, George H. Bartlett 

and Richard H. Chipman. 

Dated 9th October, 1884. Recorded 11th Decem- 
ber, 1884, Liber 286, p. 83. 

Conveys : 

All those four certain lots, pieces or parcels of 
land situate, lying and being on Fisher's Island, in 
the County of Suffolk and State of New York, 
known and distinguished as lots numbered four (4), 
five (5), six (6) and seven (7), in Section two (2), on a 



12!> 



certain map now on file in the office of the Clerk of 
the County of Suffolk, entitled "Map of lots on 
Fisher's Island, embracing the Highland Range be- 
tween the Great Harbor and Atlantic shore," and 
being the plot of ground upon which St. John's 
Episcopal Church now stands. 

And the said parties of the second part, for and 
in consideration of the conveyance of the above- 
mentioned and described lands and premises made 
by these presents, have covenanted and agreed and 
by these presents do for themselves, their heirs and 
assigns owning or having at any future time any estate 
right, title or interest of, in and for the above-de- 
scribed lands and premises, or any part thereof, 
covenant and agree to and with the said party of 
the first part, his successors and assigns, that the 
land hereby conveyed shall be used for the main 
tenance of a church edifice for religious worship in 
the form of the Protestant Episcopal Church and 
for a burial ground, and that no part of the land 
hereby conveyed shall be used for any other pur- 
pose or purposes, and that in case said land and 
premises shall be abandoned for said purposes, and 
in that case the same shall revert to the party of the 
first part, his successors and assigns, and that the 
covenants and agreements herein contained on the 
part of the said party of the second part, their heirs 
and assigns, shall run with the land, and shall be 
obligatory on every person and persons, corporation 
and corporations owning the same or having any 
estate, right, title or interest therein that would en- 
able them or any of them or either of them to vio 
late any of the said covenants or agreements. 

76. Deed B. and S. 

James H. Lyles, Trustee, &c, 

to 

Florence M. Murdock. 

Dated 16th May, 1885. Recorded 21st May, 1885, 
Liber 2S9, p. 221. 



130 



Conveys : 

All that parcel of land situated on Fisher' s Island, 
in the Town of Southold, County of Suffolk, and 
described as follows : Beginning at a mere stone on 
the west side of Equestrian Avenue, so called, 
about thirty feet southeast of the house 
now owned by the aforesaid Florence M. Murdoch 
and running by and along the west line of said 
Equestrian Avenue and by compass south eighteen 
degrees west about five hundred and fifty feet to a 
mere stone set at an angle of the said avenue; 
thence by compass north eight and one-half degrees 
east one hundred and forty-two feet to a mere stone 
set where an angle now is in the wall; thence by com- 
pass north twenty-one and one-half degrees west 
two hundred and fifty feet to a corner in the wall; 
thence by and along said wall following the line be- 
tween the land of the aforesaid Florence M. Mur- 
doch: and that of the estate of Kobt. R. Fox to the 
mere stone at the point of beginning. Said lot con- 
tains about one hundred and fifty-three square rods, 
be the same more or less. Also all that lot and par- 
cel of land situated on the said Fisher's Island, in 
the Town, County and State aforesaid, bounded and 
described as follows : Beginning at a mere stone on 
the north side of Equestrian Avenue, so called, and 
by course of compass north fifty-three degrees west 
one hundred feet from the second mere stone in the 
first described lot and running by compass north 
three and one-half degrees east seventeen feet to a 
wall; thence easterly by and along the said wall 
about fifty-two feet to the point where the north 
line of Equestrian Avenue crosses said wall; thence 
westerly along the line of said avenue to the point 
of beginning. Said lot containing about two square 
rods, be the same more or less. 

Covenants 1, 2 and 4 above referred to. 



131 



77. Deed B. and S. 

James H. Lyles, Trustee, &c, 

to 

Emeline H. Nash. 

Dated 24th April, 1885. Recorded 4th August, 
1885, in Liber 290, p. 348. 

Conveys : 

All that lot and parcel of land situated on Fish- 
er's Island, in the Town of Southold, County of 
Suffolk and State of New York, bounded and de- 
scribed as follows : Beginning at the northwest cor- 
ner of the intersection of Crescent and Orchard 
Avenues, so-called, and running by compass west 
nine and one-half degrees south along the line of said 
Orchard Avenue two hundred feet; thence at right 
angles to the line of said Orchard Avenue and by com- 
pass north nine and one-half degrees west one hun- 
dred and eight feet; thence by compass east ten 
degrees north two hundred and forty-nine feet to 
the west line of Crescent Avenue; thence by and 
along the west line of said Crescent Avenue and by 
compass south thirteen and one-half degrees west one 
hundred and twenty-three feet to the point of be- 
ginning. Said lot contains eighty-nine square rods, 
be the same more or less. 

Covenants 1, 2 and 4 above referred to. 

P. A. 

Fay Fox and Bessie Fox 

to 

James H. Lyles. 

Dated 14th September, 1885. Recorded 15th 
September, 1885, in Liber 291, p. 138. 

Empower : 

"To sell at his discretion at any time, at public 
or private sale and on such terms as to him may 



132 



seem fit, the whole or any portion of the real estate 
of which we are seized on said Fisher's Island, and 
the several small islands contiguous thereto, called 
the Hamocks and Wicopesset, or to mortgage or 
lease the whole or any portion thereof, and for that 
purpose is hereby authorized and empowered to 
execute all the necessary deeds of conveyance, mort- 
gages or leases, with full power to convey as though 
he was vested with the title in fee simple. 

P. of A. 

Fay Fox and Bessie Fox 

to 

James H. Lyles. 

Dated 14th September, 1885. Recorded Septem- 
ber 15th, 1885, in Liber 291, p. 139. 

Empower : 

"To take the entire management of our property, 
with full power to sell the whole or any part thereof, 
or to make purchases for the use and benefit of the 
same, and to employ such agents, employees and 
servants in connection therewith as to him shall 
seem proper. 

Deed. 

James H. Lyles and Harriet F., 
his wife, 

to 

Fay Fox and Bessie Fox. 

Dated 14th September, 1885. Recorded Septem- 
ber 15th, 1885, in Liber 291, p. 140. 

Conveys ; 

"All that certain island situate, lying and being 
in the County of Suffolk and State of New York, 
called Fisher's Island, with the several small 
islands contiguous thereto, called the Hamocks 



133 



and Wicopesset, with the buildings thereon sit- 
uated, excepting so much thereof as has been here 
tofore conveyed by said James H. Lyles, one of the 
parties of the first part." 
See Liber 221 of Deeds, p. 426. 

78. Deed. 

Fay Fox and Bessie Fox, by 

Attorney, 

to 

Harriet A. Joslyn. 

Dated 16th Sept., 1885. Recorded 24th Sept., 
1885, Liber 291, p. 246. 

Conveys : 

"All those certain lots, pieces or parcels of land 
known and designated as lots number one, two and 
twelve, Section 13, upon a certain ma}) entitled 
" Map of lots on Fisher's Island, including the High- 
land Range between the Great Harbor and Atlantic 
shore," filed in the office of the Clerk of Suffolk 
County, State of New York, on the 23d day of Sep- 
tember, 1878, and numbered 339 in said office." 

Covenants 1, 2 and 4 above returned. 

79. Deed. 

Fay Fox and Bessie Fox, by 

Attorney, 

to 

Nellie A. Lincoln. 

Dated 24th Sept., 1885. Recorded 2d Oct., 1885, 
Liber 291, p. 338. 

Conveys : 

" All that certain lot, piece or parcel of land situ- 
ate, lying and being on said Fisher's Island and 
bounded and described as follows: Beginning ;ii a 
mere stone at the southwest corner of said lot and 
on the north side of Crescent Avenue twenty-five 



134 



feet from its centre, which mere stone is one hun- 
dred and eighty-three feet six inches (183 ft. 6 in.) 
south seventy-nine and one-quarter degrees (79J") 
east from a stone set at the northeast corner of 
Crescent and Dolphin Avenues, so called, and 
marked by three drill holes in the top and from 
which the spire of the church on Fisher's Island 
bears south eight and three-quarter degrees east 
(S. 8f° E.), New London Light House north forty- 
two degrees west (N. 42° W.) north Hammock Light 
House tower north fourteen degrees east (N. 14° E.) 
and Latimer Reef Light House north seventy-four 
and one-half degrees east (N. 74h° E.) and running 
from the first-mentioned mere stone by compass 
north nineteen degrees east (N. 19° E.), about two 
hundred and ten feet (210) to high water mark on 
Fisher's Island Sound; then commencing at the 
said mere stone at the southwest corner of the lot 
and running by and along the north side of Crescent 
Avenue twenty-five feet from its centre by compass 
south seventy-nine and one-quarter degrees east 
(S. 79J E.) eighty-two feet to a stake; thence north- 
erly and by compass north thirty-four degrees east 
(N. 34° E.) about one hundred and eighty-seven feet 
(187 ft.) to high water mark on Fisher's Island 
Sound; thence by and along the line of high water 
on Fisher's Island Sound northerly and westerly 
about one hundred and thirty feet (130 ft.) or till it 
intersects with the first-named line, containing about 
seventy-seven square rods, be the same more or 
less." 
Covenants 1, 2 and 4 above returned. 

80. Deed. 

Fay Fox and Bessie Fox, by 

Attorney, 

to 

Mrs. Fannie B. Chipman. 

Dated 2d Nov., 1885. Recorded 27th Nov., 1885, 

Liber 292, p. 320. 



135 



Conveys : 

"All that certain piece or parcel of land situate, 
lying and being on Fisher's Island, Comity of Suf- 
folk and State of New York, described as follows: 
Commencing at a mere stone at the northwest cor- 
ner, which corner is thiity-feet from the centre of 
Ettrick Street and twenty live feet from the centre 
of Oceanic Avenue; thence easterly by and along 
the south side of Ettrick Street ninety-two feet to a 
mere stone; thence in a southerly direction three 
hundred and thirty-six feet to Durfee Street; thence 
westerly and northerly by and along Durfee Street 
to Oceanic Avenue (242) two hundred and forty two 
feet to a mere stone; thence northerly on the east 
side of Oceanic Avenue one hundred and eightj live 
feet to the point of beginning (cor. Ettrick St. and 
Oceanic Avenue)." 
Covenants 1, 2 and 4 above returned. 

81. Deed. 

Fay Fox and Bessie Fox, by 

Attorney, 

to 

Mrs. Fannie B. Chipman and 

Edward A. Seccomb. 

Dated 10th Nov., 1885. Recorded 5th Dec, 1885, 
Liber 292, p. 440. 

Conveys : 

All that certain piece or parcel of land situate, 
lying and being on Fisher's Island, County of Suf- 
folk and State of New York, bounded and described 
as follows : Commencing at a rock at the southeast 
em end of the wall which is at northerly end of the 
Bowers' Ice Pond, said rock being near the water- 
line of the said pond and marked with a drill hole, 
and running from thence by and along the shore of 
said pond to a mere stone whicli bears by compass 
from the aforesaid rock south fifteen degrees east 



130 



(S. 15° E.) and distant in a direct line fifty feet six 
(6) inches (50 6") ; thence by compass north seventy- 
one and three-quarters degrees east (N. 71|° E.) 
forty-two feet to a mere stone ; thence by compass 
north thirty and three-quarters degrees west (N. 
30f° W.) fifty-seven feet (57) to a mere stone; thence 
by compass south sixty-two and one-half degrees 
west (S. 62i° W.) twenty-seven feet and six inches 
(27' C) to the rock at the place of beginning. Said 
lot contains about six and three-quarter square rods, 
be the same more or less. Together with a right of 
way to said lot in and over a certain strip of land 
running from the northerly corner of said lot by and 
along the ridge of plowed land till it reaches Cres- 
cent Avenue so-called. The bearings by compass of 
the northerly and westerly intersection of said right 
of way with the line of Crescent Avenue from the 
northerly corner of the above-described lot being 
north thirty degrees east for the said parties of the 
second part, their heirs and assigns and their ser- 
vants and the tenants and occupants from time to 
time of the premises above granted, and any other 
person or persons, for their benefit and advantage in 
common with the said parties of the first part, their 
servants and the tenants and occupants of their 
premises adjoining at all times freely to pass and 
repass on foot or with animals, vehicles, loads or 
otherwise to and fro between the premises hereby 
granted and the highway or street. The said strip 
of land and way being twelve feet wide. 
Covenants 1, 2 and 4 above returned. 

82. Deed. 

Fay Pox and Bessie Pox, by 

Attorney, 

to 

Frank R. Stillman. 

Dated 1st December, 1885. Recorded 17th Decem- 
ber, 1885, Liber 292, p. 569. 



137 



Conveys : 

" All those certain lots, pieces or parcels of land 
situate, lying and being on Fisher's Island, Suffolk 
County, State of New York, comprising lots Nos. 4 
and 5 and the small lot bounded on the north by lot 
No. 5, east by Great Harbor, south by "The Gloam- 
ing," a street so called, and west by lot (No.4) num- 
ber four, all of section seven (7), said lots being fur- 
ther described as follows : Commencing at a stake 
on the north side of " The Gloaming," a street so 
called, at the intersection of the lines of lots Nos. 
three, four and six of section seven and the north 
line of " The Gloaming," and running from thence 
by compass north 16^° east one hundred and seventy- 
five feet to a stake at the northwest corner of lot No. 
4; thence by compass north 16£° west about two 
hundred feet to the shore of Great Harbor ; thence 
by and along the shore of Great Harbor southerly 
and easterly to the north of " The Gloaming," street 
so called ; thence westerly along the north line of 
said avenue to the point of beginning. Said lots 
contain about two hundred square rods, be the same 
more or less. Said lots are upon a certain map en- 
titled "Map of Lots on Fisher's Island, embracing 
the Highland Range between the Great Harbor and 
the Atlantic Shore," filed in the office of the Clerk 
of said County of Suffolk on the twenty-third day of 
September, 1878 (eighteen hundred and seventy- 
eight), and numbered 339 (three hundred and thirty 
nine) in said office." 

Covenants 1, 2 and 4 above returned. 

83. Deed. 

Fay Fox and Bessie Fox, by 

Attorney, 

to 

Annie Nicoll Hoes. 

Dated 19th March, 1886. Recorded 3d April, 

1886, Liber 295, p. 80. 



138 



Conveys : 

" All that certain piece or parcel of land situated 
upon Fisher's Island, in the County of Suffolk and 
State of New York, bounded and described as fol- 
lows : Commencing at a point distant twenty-five 
feet northerly from the centre of Equestrian Avenue 
on the easterly line of land owned by George H. 
Bartlett, and running thence northerly by and along 
said easterly line of land of George H. Bartlett one 
hundred and twenty-four (124) feet to the shore of 
Hay Harbor at high water mark ; thence easterly 
along said shore sixty -five (65) feet to a stone bound; 
thence southerly one hundred and twenty-one feet 
(121) to the north side of the said Equestrian Avenue; 
thence westerly by and along the northerly line of 
said Equestrian Avenue ninety-five (95) feet to the 
point of beginning. Said described lot contains 
about thirty-six (36) square rods, be the same more 
or less. ' ' 

Covenants 1, 2 and 4 above returned. 

84. Deed. 

Fay Fox and Bessie Fox, by 
Attorney, 

to 

Robert Sauter. 

Dated 27th April, 1886. Recorded 5th May, 1886, 
Liber 295, p. 474. 

Conveys : 

" All that certain lot or parcel of land situated and 
lying on Fisher's Island, in the Town of Southold, 
County of Suffolk, and State of New York, known 
as Lot No. twenty-one (21) of North Hills lots, as 
surveyed by E. B. Jennings in 1884, bounded and 
described as follows : Beginning at a stake at the 
southwest corner thereof, which stake is on the 
easterly side of Dolphin Avenue, bearing by compass 



139 



north three and one-half degrees east (N. 31 E.) two 
hundred and sixty feet (260 ft.) from a mere stone 
set at the northeast corner of Dolphin and Circuit 
Avenues; said mere stone is marked by three drill 
holes in its top, from which the church spire on 
Fisher's Island bears south eight and three-quarter 
degrees east (S. 8f E.), New London Light House 
north forty- two degrees west (N. 42 W.), North 
Hammock Light House Tower north fourteen de- 
grees east (N. 14° E.), and Latimer Reef Light 
House north seventy-four and one-half degrees east 
(N. 74| E.), and running by compass eighty-six and 
one-half degrees east (S. 86fE.) one hundred and 
sixty feet (160) to high-water mark on the shore of 
Fisher's Island Sound ; thence commencing at the 
first mentioned stake and running northerly by and 
along the east line of Dolphin Avenue and by com- 
pass north three and one-half degrees east (N. 3£° E.) 
eighty feet (80) to a stake ; thence easterly and by 
compass south eighty-six and one-half degrees 
east (S. 86£ E.) one hundred and thirty-three feet 
(133) to high-water mark on the shore of Fisher's 
Island Sound ; thence southerly following the line 
of high-water mark till it meets the first men- 
tioned line of this lot ; said lot to contain about 
forty -three (43) square rods, be the same more or 
less. 
Covenants 1, 2 and 4 above returned. 



85. Deed. 

James H. Lyles, Trustee, &c, 

to 

James Barry. 

Dated 3d Aug., 1885. Recorded 12 Aug., 1886, 
Liber 297, p. 324. 

Conveys : 
"All that lot and parcel of land situated on 



140 



Fisher's Island, Town of Southold, County of Suf- 
folk, and State of New York, bounded and de- 
scribed as follows : Beginning at a rock which is 
marked with a drill hole in the top at the north- 
east corner of Crescent and Orchard Avenues so 
called and running along the east line of Crescent 
Avenue and by compass north thirteen and one- 
half degrees east four hundred and six feet to the 
corner of an angle in the aforesaid Crescent Avenue ; 
thence easterly along the south line of said avenue, 
and by compass east six degrees south ninety feet 
to a stake ; thence southerly and by compass south 
fourteen and one-half degrees west three hundred 
and eighty-four feet to a rock, which is marked 
with a drill hole in the top, and situated on the 
north side of the before mentioned Orchard Avenue ; 
thence westerly by and along the north line of 
Orchard Avenue ninety- one feet to the rock at the 
point of beginning, said lot containing one hun- 
dred and thirty square rods, be the same more or 
less. 
Covenants 1, 2 and 4 above returned. 



86. Deed. 

Fay Fox and Bessie Fox, 

by Attorney, 

to 

Fannie B. Chipman. 

Dated 7th Aug., 1886. Kecorded 27th Aug., 
1886, Liber 297, p. 478. 

Conveys : 

"All that certain piece, lot or parcel of land lying 
or being on Fisher's Island, Suffolk County, State 
of New York, described as follows : (Description of 
land between lot No. 7, Section 14, of the High- 
land Range, survey and map, and the highway 
known as Ettrick Street), commencing at a post at 



141 



the southeast corner of lot No. 7 (number seven), 
Section fourteen (XIV.) of above map, said lot 
being now owned by Fannie B. Chipman, and run- 
ning westerly from said post along the south line 
of said lot one hundred and fifty-five feet (155) to 
a post at the southwest corner of said lot and on a 
line of the highway called Ettrick Street ; thence 
easterly by and along the north line of said high- 
way and by compass north fifty-nine degrees east 
(N. 59 E°) one hundred and sixty-two feet to the 
corner of said highway and Halcyon Avenue; 
fchence northerly in a line of Halcyon Avenue 
twenty feet (20) to the point of beginning ; said lot 
contains about four square rods, be the same more 
or less." 
Covenant 1, 2 and 4 aboved returned. 



87. Deed. . 

Fay Fox and Bessie Fox, 
by Attorney, 

to 

Fannie B. Chipman. 

Dated 7th Aug. ,1886. Recorded 27th Aug. , 1886, 
Liber 297, p. 481. 

Conveys : 

"All that certain lot, piece or parcel of land situ- 
ated being or lying on Fisher's island. County of 
Suffolk, State of New York, bounded and described 
as follows : Beginning at a post set at the intersec- 
tion of Durfee Sti-eet with the highway known as 
Ettrick Street at the southeasterly corner, and run- 
ning from said post by and along the southerly side 
of the aforesaid highway and by compass north 
seventy-four degrees east (N. 74° E.) one hundred 
and twenty feet (120 ft.) to a post; thence southerly 
on a line between lots Nos. 3 and 4 of Seel ion XII. 
of the map of lots on Fisher's Island, embracing 



142 



the Highland Range between the Great Harbor and 
Atlantic shore two hundred and seventy-four feet 
(274 ft.) to the north line of Dlirfee Street; thence 
westerly by and along the northerly line of said 
Durfee Street about two hundred feet (200 ft.) to a 
post set at an angle in said street; thence northerly 
and by compass north one and one half decrees cast 
(IV. li° E.) along the easterly line of Durfee Street 
one hundred and forty-two feet (142 ft.) to the point 
of beginning. Said lot contains about one hundred 
square rods (100 sq. rods), be the same more or less. 
Covenants 1, 2 and 4 above returned. 



88. Deep. 

Fay Fox and Bessie Fox, by attorney, 

to 

Laura E. Chipman. 

Dated 4th of October, 1886. Recorded 9th of 
October, 1886, in Liber 298, page 390. 

Conveys : 

'.' All that certain tract or parcel of land situate 
on Fisher's Island, in the Town of Southold, County 
of Suffolk and State of New York, which is shown 
on a map of lots on Fisher's Island, made by E. B. 
Jennings, and tiled in Suffolk County Clerk's office 
September 23d, 1878, and numbered 339, bounded 
and described as follows : Beginning at a rock with 
drill holes on the southwesterly shore of Great Har- 
bor and southerly of the road leading to the wharf 
as laid down on said map, and running thence south 
47f° west four hundred and thirty-one (431) feet, 
crossing the circular drive as laid down on said map; 
thence north 54£ ° west five hundred and fifty feet 
(550); thence north 28|° east two hundred (200) feet 
to the southwesterly side of said circular drive soul h 
01 cast four hundred and eight (408) feet to a point 
where the southeasterly side of said road leading to 



143 



the wharf if extended southwesterly would strike 
the same; thence along the southeasterly side of 
said road leading to the wharf north f>l easl 
three hundred and forty (340) feet to the southwest- 
erly shore of Great Harbor, and thence along the 
shore of Great Harbor southeasterly to the point of 
beginning, excepting therefrom so much of the 
above- described premises as is included in said cir- 
cular drive as laid down on said map, containing 
four and three-quarters acres of land, be the same 
more or less, being the same premises which were 
conveyed by James H. Lyles, Trustee, &c, to 
Charles L. Richards, Henry L. Parker and James 
M. Meeeh by deed dated August 24th, 1877, and re- 
corded in Suffolk County Clerk's office in Liber 230, 
page 549, on the 15th day of October, 1877. 



89. Deed. 

James H. Lyles, Trustee, 

to 

William A. Hedge. 

Bargain and sale, dated Jan. 15th, 1884. Re- 
corded Oct. 27th, 1886, Liber 299, p. 28. 

Conveys : 

All that certain piece or parcel of land situate, 
lying and being on Fisher's Island, County of Suf- 
folk and State of New York, known and designated 
as lot No. 6, section No. 7, upon a certain map 
entitled, "Map of lots on Fisher's Island, including 
the Highland Range between the Great Harbor and 
Atlantic shore," filed in the office of the Clerk of 
Suffolk County, State of New York, on the 23d day 
of September, 1878, and numbered 339 in said office. 

Covenants 1, 2 and 4. 



144 



90. Deed. 

Fay Fox and Bessie Fox, by Jas. 
H. Lyles, Atty. 

to 

William E. Stone. 

Dated August 30, 1887. Recorded Sept. 12, 1887, 
Liber 305, p. 350, &c. 

Conveys : 

All that or those pieces or parcels of land situate, 
being and lying on Fisher's Island, Suffolk County, 
State of New York, known as Bell Hill Lots six (6) 
and (7) seven, but further described as follows : Be- 
ginning at a stake set on the westerly side of Cres- 
cent Avenue, which stake bears by compass north 
one degree east (N. 1° E.) distant one hundred and 
fifteen feet (115 feet) from a mere stone, said stone 
being set at the intersection of the west lines of 
Crescent Avenue and Bartlett Avenue, and running 
from the first mentioned bounds westerly and by 
compass north eighty-nine degrees west (N. 89° west) 
three hundred and sixty-one feet (361 feet) to a 
stake set near high-water mark on the east shore of 
Little Hay Harbor; thence northerly following the 
line of high-water mark and by compass in a direct 
line north twenty-four degrees (24°) east two hun- 
dred and thirty feet (230 feet) to a stake and bunch 
of stones; thence easterly and by compass south 
eighty-nine degrees east (S. 89° E.) three hundred and 
twenty-nine feet (329 feet) to a stake set on the west- 
erly line of Crescent Avenue; thence southerly by 
and along the west line of said avenue and by com- 
pass south twenty-two degrees west (S. 22° W.) one 
hundred and twenty-feet (120 feet) to a stake set at 
the intersection of an angle in said avenue; thence 
southerly following the west line of Crescent Avenue 
by compass south one degree west (S. 1° W.) one 
hundred and fifteen feet (115 feet) to the stake at 
the point of beginning. Said lot contains about two 



145 



hundred and seventy -nine square rods (279), be the 
same more or less. The right of way for public use 
by a path six feet (6 feet) wide is reserved along the 
shore of Little Hay Harbor. 
Covenants 1, 2 and 4. 



91. Deed. 

James H. Lyles, Trustee, &c, 

to 

William H. Fones. 

Dated Sept. 20, 1881. Recorded April 19, 1888, 
Liber 310, p 222, &c. 
Conveys : 

All that certain lot, piece or parcel of land situate, 
lying and being on Fisher's Island, in the County 
of Suffolk and State of New York, bounded and 
described as follows, viz.: Commencing at a point 
coinciding with a point which marks the southwest 
corner of said Fones' present lot, on the easterly line 
of Equestrian Avenue; thence southeasterly by and 
along said Fones' fence three hundred and ten feet 
to the southerly corner of lot at a point in the north- 
westerly side of Vulcan Avenue; thence southwest- 
erly by and along Vulcan Avenue forty-one feet to 
a point in said wall; thence northwesterly three 
hundred and five feet to the point of beginning. 

Covenants 1 and 2. 



92. Deed. 

Fay Fox and Bessie Fox 
to 
Bathsheba E. Barlow. 
Dated Nov. 13, 1886. Recorded Nov. 22, 1886, 
Liber 299, page 394. 



146 



Conveys : 

All those two certain tracts or parcels of land, 
situate, lying and being on Fisher's Island, in the 
Comity of Suffolk and State of New York, and 
which are bounded and described as follows, viz: 
The first tract beginning at a post set on the easterly 
shore of Great or West Harbor at high-water mark 
and about thirty (30) feet northerly from the north 
corner of the building known as Barlow's ice house, 
which said post marks the western corner of the lot, 
and running from the said post southeasterly and 
by compass south forty-four and one-half degrees 
east (S. 44£° E.) one hundred and seventy (170) feet 
to a post set at the southerly corner of this lot and 
on the westerly side of a roadway. This before- 
mentioned line passing by the east corner of said 
Barlow's ice house at a distance of twenty (20) feet 
from it; thence running by and along the westerly 
side of the before-mentioned roadway and by com- 
pass north thirty-nine and one-half degrees east 
(N. 39^° E.) two hundred and eighty -two feet (282) 
to a post ; thence northerly and westerly and by 
compass north forty-nine degrees west (KT. 49° W.) 
two hundred and fifteen (215) feet to a rock on the 
short' at high-water mark, said rock being marked 
with a drill hole on its northern side; thence south- 
westerly and by compass south thirty degrees west 
(S. 30° W.) two hundred and sixty-six (266) feet in 
a direct line to the post at the point of beginning, 
the last-mentioned line to follow the course of ordi- 
nary high-water mark, so as to include all the land 
above it ; said lot contains about one -^V acres, be 
the same more or less. The second tract, beginning 
at a post set at tne westerly corner, which corner is 
fifty-one feet (51) by compass south forty-four and 
one-half degrees east (S. 44£° E.) from the southerly 
corner of lot No. 1 and on the easterly side of the 
roadway mentioned in the description of said lot, 
and running from thence by compass south forty- 
four and one-half degrees east (S. 44£° E.) five hun- 



147 



dred and thirty-three (533) feet to the north shore of 
the ice pond to a post; thence following the shore of 
the pond at its high water line till it reaches a point 
marked by a post bearing from the last-mentioned 
bound by compass north sixty- two and one-half de- 
grees east (N. 62i° E.) and distant in a dired line 
one hundred and seventy-four feet (174); thence 
northwesterly and by compass north forty-two and 
one-half degrees west (N. 42£° W.) six hundred and 
eight feet to a post set on the easterly side of the 
before-mentioned roadway, said line passing through 
the centre of a large oak tree twelve (12) feet from 
its starting point ; thence southwesterly by and 
along the said roadway and by compass south 
thirty-nine and one-half degrees west (S. 39 J° W.) 
one hundred and eighty-eight (188) feet to the point 
of beginning; said described lot contains about 
two and ffa acres, be the same more or less. Saving 
and reserving unto said parties of the first part the 
right of way over and across said premises at any 
and all time until such time as the road now pass- 
ing between the two parcels above described shall 
have been opened to the public. It being expressly 
understood that nothing herein contained is to be 
construed as passing title to the pond upon which 
the above-described premises border or the land 
under the same. 

Covenants 1, 2 and 4. 



93. Deed. 

Fay Fox and Bessie Fox 

to 

School District No. 18, Town of 
Southold. 

Dated Feb. 23d, 1888. Recorded June 13th, 1888, 
Liber 311, p. 367. 



148 



Conveys : 

All that lot and parcel of land situate and lying 
on Fisher's Island, in the Town of Southold, County 
of Suffolk and State of New York, bounded and de- 
scribed as follows : Beginning at a stake set on the 
east side of the public highway known as Oriental 
Avenue, at the intersection of its easterly line with 
the southwest line of Alpine Avenue, so called, and 
running from thence southeasterly by and along the 
southwesterly line of Alpine Avenue two hundred 
and seven feet (207 ft.) to a stake, said stake being 
set in the corner of an angle in said Alpine Avenue; 
thence westerly about one hundred and forty feet 
(140 ft.) to the east line of the above-mentioned 
public highway, known as Oriental Avenue; thence 
northerly by and along the east line of said highway 
one hundred and fifty-six feet (156 ft.) to the point 
of beginning. The above-described lot being known 
as lot No. 1, Sec. 3, of Highland Range survey of 
lots on Fisher's Island. Said lot contains about 
forty square rods (40 sq. rods), be the same more or 
less. 

Covenants 1, 2 and 4. 

94. Deed. 

Fay Fox and Bessie Fox 

to 

Sarah E. Starkweather. 

Dated Aug. 22d, 1888. Recorded Aug. 28, 1888, 
Liber 312, p. 439. 

Conveys : 

All that lot and parcel of land situated and 
lying on Fisher's Island, Town of Southold, 
County of Suffolk and State of New York, 
bounded and described as follows : Beginning 
at a stake set at the intersection of an angle 
in Selkirk Avenue, so-called, and at the southwest 



14!» 



corner of said angle, and running from said stake 
southerly two hundred and sixteen feet (216 ft.) to 
a stake set on the easterly side of Oriental Avenue; 
thence northwesterly by and along the easterly line 
of Oriental Avenue one hundred and fifty-five feet 
(155 ft.) to a stake set at the intersection of Oriental 
Avenue, with Montauk Avenue on its easterly side.; 
thence northerly by and along the easterly line of 
Montauk Avenue seventy-four feet (74 ft.) to a 
stake; thence easterly one hundred and seventy-six 
feet (176 ft.) to a stake set on the westerly side of 
Selkirk Avenue; thence southerly by and along the 
westerly side of Selkirk Avenue eighty-three feet 
(83 ft.) to the stake set at the point of beginning. 
The above described lot is still further described as 
being lot No. 3, Sec. 8, of Highland Range survey of 
lots on Fisher's Island, and containing about one 
hundred and ten square rods (110 sq. rods), be the 
same more or less. 
Covenants 1, 2 and 4. 



95 Deed. 

Fay Fox and Bessie Fox 

to 

Fanny J. Wiswell. 

Dated Sept. 8, 1888. Recorded Oct. 22, 1888, 
Liber 313, page 399. 
Conveys : 

All that lot and parcel of land situated and lying 
on Fisher's Island, Town of Southold, County of 
Suffolk and State of New York, bounded and de- 
scribed as follows: Beginning at a post set at the 
northwest corner thereof, which said post also marks 
the southwest corner of lot No. 3, Sec. 6, of Eigh- 
Land Range survey of lots on Fisher's Island and 
on the easterly side of Montauk Avenue, and run- 
ning from thence easterly along the south line of 



150 



said lot No. 5 one hundred and seventy-six feet 
(17P> ft.) to a post; thence southerly seventy-six feet 
(76 ft.) to a stake; thence westerly one hundred and 
one feet (1 01 ft. ) to a stake set on the east side of 
Monrauk Avenue; thence northerly along the easl 
line of said avenue one hundred and thirty-eight 
( L38 ft.) to the post at the point of beginning, said 
lot being further described as lot No. 4, Sec. 6, of 
Highland Range survey of lots on Fisher's Island, 
and contains about forty-eight square rods (48 sq. 
rds.), be the same more or less. 
Covenants 1, 2 and 4. 

96 Deed. 

Fay Fox and Bessie Fox, 

by Attorney, 

to 

Christian Hansen. 

Dated 10th Sept., 1887. Recorded 22d June, 1889, 
Liber 320, p. 379. 

Conveys : 

" All that certain piece or parcel of land situated, 
lying or being on Fisher's Island, County of Suffolk, 
State of New York, known and described as lot No. 
three (3), section two (2), upon a certain map en- 
titled 'Map of lots on Fisher's Island, embracing 
the Highland Range between the Great Harbor and 
the Atlantic shore,' filed in the office of the County 
Clerk of Suffolk County, State of New York, and 
numbered 339 in said office." 

Covenants 1, 2 and 4. 

Deed. 

James H. Lyles, Trustee, &c, 
to 
Christian Hansen. 
Dated 1st Oct., 1878. Recorded 22d June, 1889, 
Liber 320, p. 377. 



151 



Conveys : 

"All those certain lots, pieces or parcels of land 
situate, lying and being on Fisher's Island, in the 
County of Suffolk and State of New York, and 
which are known and described as lots numbers one 
(1) and two (2) of section one (1), upon a certain 
map entitled 'Map of lots on Fisher's Island, em- 
bracing the Highland Range between the Great 
Harbor and the Atlantic shore,' filed in the office 
of the Clerk of the said County of Suffolk, on the 
23d day of September, 1878, and numbered 339 in 
said office."' 

Covenants 1 and 2. 



97 Deed. 

Fay Fox and Bessie Fox 
to 

Augustus C. Markham. 

Dated 10th June, 1889. Recorded 20th June, 
1889, Liber 320, p. 341. 

Conveys : 

"All that certain lot, piece or parcel of land situ- 
ate, lying and being upon Fishers Island, in the 
County of Suffolk and State of New York, and 
bounded and described as follows : Commencing at 
a point in the centre of a rock marked by a drill 
hole, said drill hole being at the southwest corner 
of said lot, and at the intersection of two contem- 
plated streets, said streets bounding said lots on 
three of its sides, viz., northerly, southerly and 
westerly, said starting point or drill hole being thirty 
feet easterly of a stake driven into the ground, and 
forty feet northerly from a boulder near the surface 
of the ground; thence north eighty three degreea 
east one hundred and ninety-four feet to its south- 
east corner; thence north thirteen and a half de 
grees west two hundred and thirty-three feet to its 



152 



northeast corner; thence south eighty degrees west 
one hundred and eighty-eight feet to its northwest 
corner; thence south twelve and a quarter degrees 
east two hundred and twenty-one feet to the point 
of departure, containing one acre of land. 1 ' 
Covenants 1, 2 and 4. 

Moet. $1700. 

Harriet A. Lyles and James H. Lyles 

to 

Henry H. Fay. 

Dated 27th May, 1885. Recorded 2d June, 1885, 
in Liber 167, p. 359. 

Affects : 

' ' All that certain lot, piece or parcel of land sit- 
uate, lying and being on Fisher's Island, in the 
County of Suffolk and State of New York, and which 
is situated and lies between Oriental and Crescent 
Avenues and Equestrian Avenue and Athol Crescent, 
containing three (3) acres, be the same more or less, 
and which is known and described on a certain map 
entitled " Maps of lots on Fisher's Island, embrac- 
ing the Highland Range between the Great Harbor 
and the Atlantic shore," filed in the office of the 
Clerk of said County of Suffolk, on the twenty- 
third day of September, 1878, and numbered three 
hundred and thirty-nine (339) in said office, subject, 
however, to the restrictions and covenants against 
nuisances contained in the deed of said premises to 
said Harriet A. Lyles, dated April 10th, 1879, and 
recorded in said Suffolk County Clerk's Office." 

Nothing else found. 

Witness my hand and the seal of the County 
of Suffolk, at Riverhead, N. Y., this 1st 
[l.s.J day of July, 1889. 

Okange T. Fanning, 
Clerk. 



153 



Premises : 

"All that certain island situate, lying and being 
in the Town of Southold, County of Suffolk and 
State of New York, called Fisher's Island, and the 
several small islands adjacent thereto, called the 
Hamocks and Wicopesset." 

Suffolk County, 
Clerk's Office, 

I, Orange T. Fanning, Clerk of said County, do 
hereby certify that I have searched the records in 
this office for conveyances or mortgages made by 
Fay Fox, Bessie or James H. Lyles, individually or 
as attorney or trustee, or any of them or either of 
them, from the 1st day of July, 1889, to the 1st day 
of August, 1889, and find : 



99. Deed, 

Fay Fox and Bessie Fox 
to 

Florence M. Mnrdock. 
Dated 25th June, 1889. Recorded July 11th, 
1889, in Liber 321, page 29. 

Conveys : 

" All that certain lot and parcel of land situate 
and lying upon Fisher's Island, in the Town of 
Southold, County of Suffolk and State of New 
York, bounded and described as follows : Beginning 
at a stake or bound which is set in the northerly 
side of Equestrian Avenue, so called, which said 
bound marks the southwesterly corner of a lot of 
land owned by William A. Hedge, and which is also 
the southeasterly corner of the herein described lot, 
and running from said bound westerly by and along 
the north side of the above-mentioned Equestrian 
Avenue and by compass south fifty-two and one hall' 
degrees west(S. 52£° W.) two hundred and sixtj feel 



154 

(260 ft.) to a stake set on the westerly side of a 
stone wall or fence; thence south sixty-two degrees 
west (S. 62° W.) seventy-feet (70 ft.) to a stake or 
bound; thence northerly and by compass north 
twenty -nine and one-half degrees west (N. 29£° W.) 
one-hundred and seventy -two feet (172 ft.) to a stone 
wall or fence; thence easterly following the line of 
the said wall and by compass south seventy-five 
and one-half degrees east (S. 75£° E.) ninety-two 
feet (92 ft.) to a turn or angle in the line of the wall; 
thence north seventy-two degrees east (S. 72° E.) two 
hundred and seventy -five feet (275 ft.) to the west- 
erly line of the land of William A. Hedge; thence 
southerly by compass south three and one-half de- 
grees east (S. 3£° E.) seventeen feet (17 ft.) to the 
point of departure. Said lot is bounded and joins 
on the north land of the above-named party of the 
second part, Florence M. Murdoch, east by land of 
William A. Hedge, south by the public highway 
known as Equestrian Avenue, west by land of Fay 
Fox and Bessie Fox, parties of the first part to this 
conveyance, and contains about ninety square rods 
(90 sq. rods), be the same more or less. 
Covenants 1, 2 and 4. 



98. Deed. 

Fay Fox and Bessie Fox 

to 

Abram Gifford. 

Dated 25th June, 1889. Recorded July 11th, 
1889, in Liber 321, p. 33. 

Conveys : 

" All that certain lot and parcel of land situated 
and being upon Fisher's Island, in the Town of 
Sonthold, County of Suffolk and State of New 
Ttork, bounded and described as follows : Beginning 
at the southwest corner of the lot, which said corner 



155 



is made by the intersection of Montauk Avenue 
with the public highway' known as Crescent Avenue 
forty feet northerly from the south line of Montauk 
Avenue and fifty feet from the west line of Cres- 
cent Avenue, and running by and along the easterly 
side of said Crescent Avenue by compass north four 
degrees east (N. 4° E.) about two hundred and fifty 
feet (250 ft. ) to a stake or bound set at the point of 
an angle in the east line of Crescent Avenue, which 
said point lies south seventy-six and one-half de- 
grees east (S. 76^° E.) from the southwesterly corner 
of the highways known as Athol Crescent and Cres- 
cent Avenue and distant fifty-one feet (51 ft.) from 
said corner; thence northerly by compass with 
twenty-four and a half degrees east (N. 24£° E.) 
forty-seven feet and nine inches (47 ft. 9 in.) to a 
stake or bound; thence north forty-three degrees 
east (N. 43° E.) thirty-nine feet and six inches 
(39 ft. 6 in.) to a stake or bound set at the north- 
westerly corner of the lot; thence easterly by com- 
pass south sixty-three degrees east (S. 63° E.) one 
hundred and fifty feet (150 ft.) to a stake or bound 
set at the northeasterly corner of the lot; thence 
southerly by compass south eleven and one-half de- 
grees west (S. 11^° W.) about three hundred and 
twenty feet (320 ft. ) to a stake or bound set on the 
northerly side of Montauk Avenue; thence westerly 
by and along the northerly side of Montauk Avenue 
by compass north sixty and three-quarters degrees 
west (N. 60|° W.) one hundred and twenty-five feet 
(125 ft.) to the point of beginning. Said lot is 
bounded, on the north and east by land of Fay Fox 
and Bessie Fox, the parties of the first part 
to this conveyance, on the south by Montauk 
Avenue, on the west by the public highway known 
as Crescent Avenue, and contains about one acre 
of land, be the same more or less. 
Covenants 1, 2 and 4. 



156 

100. Deed. 

Fay Fox and Bessie Fox 

to 

Henry E. Lyles. 

Dated 11th July, 1889. Recorded July 15th, 1889, 
Liber 321, p. 71. 
Conveys : 

All that certain lot, piece or parcel of land situ- 
ate, lying and being on Fisher's Island, in the Town 
of Sonthold, County of Suffolk and State of New 
York, bounded and described as follows : Com- 
mencing at a mere stone which is marked by a drill 
hole in the top thereof, and set on the westerly side 
of Crescent Avenue at the point where it intersects 
with Bartlett Avenue, and running from said mere 
stone northerly by and along the westerly side of 
said Crescent Avenue and by compass north one de- 
gree east (N. 1° E.) one hundred and fifteen (115) 
feet to a stake or bound set at the northeasterly 
corner of the lot and also making the southeast 
corner of a lot of land owned by Wm. E. 
Stone; thence westerly by and along the southerly 
side of the lot of said Wm. E. Stone and by com- 
pass north eighty-nine degrees east (N. 89° E.) 
three hundred and sixty-one (361) feet to a stake or 
bound which is set near highwater mark on the 
easterly shore of the entrance to Hay Harbor, which 
said stake or bound marks the northwest corner of 
the lot and also the southwest corner of land of the 
aforesaid AVm. E. Stone; thence southerly following 
the line of the highwater mark about two hundred 
and fifty (250) feet to a stake or bound set at the 
southwest corner of the lot ; thence easterly and by 
compass south eighty-nine degrees east (S. 89° E.) 
three hundred and twenty-two (322) feet to a mere 
stone set on the westerly side of the before men- 
tioned Bartlett Avenue, which said stone marks 



157 



the southeast of the herein described lot, the last 
mentioned and described line being drawn parallel 
to and two hundred and thirty (230) feet from the 
north line of the lot, thence northeasterly by and 
along the westerly side of Bartlett Avenue by com- 
pass north thirty-six and one-half degrees east 
(N. 36*° E.) one hundred and forty-one (141) feet to 
the mere stone at the point of beginning. Said lot 
being further described as lots numbers 4 and 5, 
Bell Hill lots, as surveyed by E. B. Jenning in Sep- 
tember, 1883, and contains about two hundred and 
ninety-seven (297) square rods, ] .85 acres, be the same 
more or less. 
Covenants 1, 2 and 4. 



101. DeedB. &S. 

Fay Fox and Bessie Fox, by Attorney, 

to 

Christian Hansen. 

Dated 16th July, 1889. Recorded 20th July, 1889, 
Liber 321, p. 159. 

Conveys : 

All those two certain lots, pieces or parcels of 
land situate, lying and being on Fisher's Island, in 
the County of Suffolk and State of New York, and 
which are known and described as lots numbers one 
(1) and two (2) of section two (2) upon a certain map 
entitled "Map of lots on Fisher's Island, embracing 
the Highland between the Great Harbor and the 
Atlantic shore," tiled in the office of the Clerk of 
said County of Suffolk, on the 25th day of Septem- 
ber. 1878, and numbered 339 in said office. 

Covenants 1, 2 and 4. 



158 

Warranty Deed. 

Fay Pox and Bessie Fox, by At- 
torney, and the said Fay Fox and 
Bessie Fox, parties of the first 
part, and James H. Lyles, indi- 
vidually, party of the second 
part, 

to 

Edmund M. Ferguson, party of the third part. 

Dated 19th July, 1889. Recorded 22d July, 1889, 
Liber 321, p. 185. 

Conveys : 

The premises, with one hundred and one excep- 
tions, being deeds heretofore returned upon this 
and a previous search made upon this property 
dated July 1, 1889. 

Nothing else found. 

Witness my hand and seal of the County of 
Suffolk, at Riverhead, N. Y., this 14th 
[l.s.] day of August, 1889. 

Orange T. Fanning, 
Clerk. 

The Clerk of the County of Suffolk will please 
search in his office for judgments against the follow- 
ing named persons for the periods specified : 

Against 

From December 1st, 
Robert R. Fox, [ 18(33, to September 30th, 

j 1872. 



For 12 years last past. 



159 



Joseph S. Fay, 

James R. Jessup, 

Eliza D. Fox, 

Faye Fox, 

Bessie Fox, 

Henry H. Parker, 

James H. Lyles, 

Individually, or as 
trustee or as attor- 
ney, 

And certify result in writing for Wm. M. Hoes, 
69 Wall Street, New York, attorney. Nothing 
found. 

Witness my hand and the seal of Suffolk 
County, at Riverhead, N. Y., this 1st day 
[L. S.] of July, 1889. 

Orange T. Fanning, 

Clerk. 

Continued the foregoing search to date and find 
nothing. 

Witness my hand and the seal of the Counl y 
of Suffolk, at Riverhead, N. Y., this 18th 
day of July, 1889. 
[l.s.] Orange T. Fanning, 

Clerk. 

The Clerk of the County of Suffolk will please 
search in his office for all notices of lis pendens, cer- 
tificates of Sheriff's and Marshal's sales, notices of 
foreclosure by advertisement, insolvent assignmen Is, 
general assignments, appointments of receivers, 
bonds of collectors and their sureties (from April, 
1838), appointments of trustees of absconding, con- 
cealed, non-resident or imprisoned debtors nnd ex- 
emptions under homestead act, against the following 
persons and for the periods set against their names 
respectively (continuing for certificates of Sheriff's 



160 



and Marshal's sales to a 
the periods named, or to 
case may be : 

John Still Winthrop, 

Francis Bayard Win- 
throp, 

William 
throp, 

Thomas 
throp, 



date eleven years later than 
the date of return), as the 



Henry W i n- 
Charles W i n- 



William H. Winthrop, 

Thomas P. Winthrop, 
Francis B. Winthrop, 
Jane P. Chester, 
Mary T. Pratt, 
Dean Pratt, 
Margaret Ann Winthrop, 

George F. Chester, 



Robert R. Fox, 



Eliza D. Fox, 



James R. Jessup, 
Joseph S. Fay, 

Henry H. Parker, 

Faye Fox, 

Bessie Fox, 

James H. Lyles, 

Individually, or as 
trustee or as attor- 
ney. 



From January 1st, 
^1818. to December 30th, 
1826. 



] From December 1st, 
M826, to December 30th, 
j 1863. 



From August 1st, 1860, 
to December 30th, 1863. 



\ From August 1st, 1860, 
I to December 30th, 1863. 
] From November 1st, 
J- 1863, to December 30th, 
j 1875. 

1 From September 1st, 
j-1871, to October 30th, 
j 1886. 

1 From September 1st, 
\ 1871, to December 30th, 
j 1875. 

( From March 1, 1876, 
j to June 30, 1876. 

1 

[ From September 1, 
I 1871, to date of return. 



Kil 



And certify result in writing for Wm. M. Hoes, At- 
torney, 69 Wall Street, New York. Nothing found. 

Witness my hand and the seal of Suffolk 
[l. a.] County at Riverhead, N. Y., this 1st day 
of July, 1889. 

Orange T. Fanning, 

Clerk. 
Continued the foregoing search to date against 
Fay Fox, Bessie Fox and James H. Lyles, individ- 
ually and as attorney and trustee, and find nothing. 

Witness my hand and the seal of said County 
[L. s.] at Riverhead, N. Y., this 18th day of 
July, 1889. 

Orange T. Fanning, 

Clerk. 

The County Treasurer of Suffolk County, New 
York, will please search for all unpaid taxes and 
assessments and sales for the same and other liens 
in his office in any manner affecting the premises 
hereinafter described, or any part thereof. 

And certify the result hereon for William M. 
Hoes, attorney and counsellor, 69 Wall Street, N. Y. 

Premises. — All that certain island situate, lying 
and being in the County of Suffolk and State of 
New York, called Fisher's Island, and the several 
small islands contiguous thereto called the "Hom- 
ocks," "Flat Hammock," "West Clump," "Mid- 
dle Clump," "East Clump," and " Wicopesset," 
together with the buildings thereon, being the same 
premises conveyed by George F. Chester, Jane P. 
Chester and Mary T. Pratt to Robert R. Fox, by 
deed dated December 2, 1863, recorded December 7, 
1863, in the Clerk's office of Suffolk County, N. Y., 
in Liber 124 of Conveyances, p. 162. 

Against 
Fay Fox, Bessie Fox, James H. 
Lyles, individually or as attorney 
or trustee. 

I hereby certify that there is no record in my 



lG'J 



office of any tax sales, or any unpaid taxes, affect- 
ing the premises above described or any part thereof. 
Riverhead, July 3d, 1889. 

[L.S.] J. Henry Perkins, 

Co. Treas. 

I have continued the foregoing search to date and 
find nothing. 

Witness my hand and the seal of the Treas- 
[L. s.] urer of Suffolk County, at Riverhead, 
N. Y., this 18th day of July, 1889, 5 P.M. 
J. Henry Perkins, 

Co. Treas. 

To the Title Guarantee and Trust Company. 

Search in the office of the Clerk of the District- 
Court of the United States, for the Eastern District 
of New York, for judgments, decrees, and all other 
liens upon real estate, against the following named 
persons, for the periods set opposite their names, 
respectively 

Joseph S. Fay, ] 

Eliza D. Fox, 

Faye Fox, _ 

Bessie Fox, For 12 years last past. 

Henry H. Parker, 

James H. Lyles, J 

Also, for petitions and decrees in bankruptcy, 
since June 1st, 1867, against the following named 
persons, for the periods set opposite their names 
respectively. 

Joseph S. Fay, 

Eliza D. Fox, 

Faye Fox, 

Bessie Fox, 

Henry H. Parker, 

James H. Lyles. 

And certify the result in writing for Wm. M. 



ws 



Hoes, address, 69 Wall Street, N. Y. City. Wanted 
July 17, 1889, at M. 

Dated July 16, 1889. 
No. 6298. 

See Petn. vs. Henry Parker, Aug. 10, 1868. 

Nothing else found, July 17, 1889, 9 A.M. The 
foregoing search made for and guaranteed to Wm. 
M. Hoes by the Title Guarantee and Trust Company. 

Attest : 
[l.s.] Frank Bailey. 
Fee, $1.65. 

To the Title Guarantee and Trust Company. 

Search in the office of the Clerk of the Circuit 
Court of the United States, for the Eastern District 
of New York, for judgments and decrees, and all 
other liens upon real estate, filed or docketed there- 
in, against the persons named below, for the periods 
set opposite their names, respectively, and certify 
the result in writing for Wm. M. Hoes, address, 69 
Wall St., N. Y. City. Wanted July 17th, 1889, 
at M. 

Dated July 16th, 1889. 

No. 6299. 
Joseph S. Fay, ' 

Eliza D. Fox, 
Fay Fox, 
Bessie Fox, 
Henry H. Parker, 
James H. Lyles. 



- For 12 years last past. 



Nothing found, July 17th, 1889, 9 A. M. The 
foregoing search made for and guaranteed to Wm. 
M. Hoes by the Title Guarantee & Trust Com- 
pany. 

Attest : 
[l.s.] Frank Bailey. 
Fee, $1.00. 



164 

In the Matter 
of 

The sale and conveyance of certainf 
real estate on Fisher's Island, 
Suffolk County, New York, by[ 
Fay Fox and Bessie Fox, byi 
attorney and individually, to 
Edmund M. Ferguson. 



State of New York, I 
County of Suffolk, | ss - : 

Fay Fox and Bessie Fox being duly severally 
sworn, each deposes and says : That she resides upon 
said premises upon Fisher's Island; that she is of 
full age, unmarried, citizen of the United States of 
America-, and has good right to convey said prem- 
ises. 

That there is no judgment existing against her 
unpaid or unsatisfied of record, docketed in any of 
the counties in this State, or in the office of the 
clerks of the United States Courts for the Eastern 
District of New York, and that no proceedings in 
bankruptcy have ever been instituted against her in 
any court or before any officers in any State or of 
the United States. 

Fay Fox, 
Bessie Fox. 

Severally sworn to before me this ( 
19th day of July, 1889. \ 

Abram Gifford, 
Justice of the Peace, 
for Fisher's Island, 

N. Y. 



1A 



